jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
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jq45
06-15 09:53 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
julsun
01-03 09:15 AM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
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voldemar
12-31 02:30 PM
If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.
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morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
ImmiLosers
03-10 10:01 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
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sukhyani
03-05 02:05 PM
About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.
LOL! I hope I am approved soon :)
LOL! I hope I am approved soon :)
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satishbsk
07-24 06:26 PM
I Contribute to IV and selected a wrong choice oppps
With PD Feb 07 ur lucky to file 485, so contribute one more recurring.:D
_____________
Contributed $ 280 so far $20 monthly.
With PD Feb 07 ur lucky to file 485, so contribute one more recurring.:D
_____________
Contributed $ 280 so far $20 monthly.
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chanduv23
09-03 10:13 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
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sertasheep
09-15 01:57 PM
Dear IV members,
I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:
http://immigrationvoice.org/forum/showthread.php?t=1267
- At this time, we do NOT have enough questions to justify a conference call
- On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
- We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.
Next Steps:
- Please keep sending in your questions to legal_advise@immigrationvoice.org
- Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call
FAQs: I hope the following provides some transparency into the process:
Q. What happens when a question is sent in?
A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.
Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.
Q. Who are the people doing all this work?
A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
- (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
- Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.
Thanks
sertasheep
(I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)
I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:
http://immigrationvoice.org/forum/showthread.php?t=1267
- At this time, we do NOT have enough questions to justify a conference call
- On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
- We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.
Next Steps:
- Please keep sending in your questions to legal_advise@immigrationvoice.org
- Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call
FAQs: I hope the following provides some transparency into the process:
Q. What happens when a question is sent in?
A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.
Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.
Q. Who are the people doing all this work?
A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
- (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
- Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.
Thanks
sertasheep
(I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)
more...
wanna_immigrate
05-24 10:19 AM
Can we delete this thread ?
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Krish09
06-27 03:41 PM
Hi Everyone, I need suggestion regarding my present situation. I got H1B approved for the year 2009. But my H1B was approved as to be get stamped in INDIA. I am is currently in USA since August 2008 on B1 Visa (10 years multiple) and the B1 I 94 getting expired on August 3rd 2009.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
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logiclife
03-09 12:39 AM
Thanks to first few members who have volunteered to help with membership drive.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
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immm
07-07 01:45 PM
(Admins, please delete this thread if already covered)
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
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lonedesi
04-04 10:59 PM
Thank you Bkarnik for your quick response.
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@ndy
05-10 10:43 AM
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
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gcdreamer05
10-22 06:59 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
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ajain
05-27 02:38 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
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msyedy
12-13 12:49 PM
sheshadripv
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
If I say that yes you can travel without a visa, will you believe me.........
Ask a travel agent man...
Yesterday they allowed without valid visa..... today they need a valid US visa.
We are not travel agents... You can get a valid answer from them.
raaki
11-06 01:38 PM
I am July 3rd filer and just checked my status online.Parole document mailed today
stldude
06-27 03:30 PM
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
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