lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
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vamsi_poondla
10-10 07:33 PM
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
desitechie
11-02 05:51 PM
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
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Hope is the only thing keeping us in anticipation for the first friday of every month!!!
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texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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whitecollarslave
06-24 05:33 PM
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
pappu
11-21 11:04 PM
Dude nothing will happen, this was lost and last battle.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
All new members need to take a more active role in order to succeed and continue this effort for a long time for future immigrants.
I do not think having an EAD is a cause of inaction. It is more about having confidence in the effort that their effort will truly help them and everyone else like them. They can get confidence only when they get involved and get in the thick of things and see for themselves how things work. I have heard people calling USCIS every other day finding their status if they just get an LUD. People take infopass just to find out their name check status. So why can't these people make calls to lawmakers and take an appointment to meet their lawmakers.
Until some time back people were by and large afraid to even write to lawmaker offices. But when their case was stuck in namechecks, they wrote to everyone including WH. So why cant we write letters during an action item? We need to think like a community and not as an individual in need of a greencard. An individual cannot achieve anything alone but a voice of thousands can do a lot.
We should feel happy that there is an immigration voice that is a voice of this community. It is not a lawyer forum created for a lawyer's publicity or a forum managed by any business interest to make profit off this community. The aim here is to get people relief from their immigration problems and IV resources are utilized for the community. People need to adopt IV as their place to go for all immigration related discussions and data from IV tracker and visit this site more often and try to get involved. Remember that just by visiting this site frequently, you are helping this effort in some ways.
Until IV was there, people were scared to post freely about employers, lawyers, USCIS, lawmakers etc. People were not willing to come out in the open with their real names for some unknown fear. But when Immigration voice came, everyone starting gaining confidence and did not have any fear. You can see that from the kind of posts we see these days on the forums. Such posts never existed 2 years ago.
This in itself is an achievement for immigration voice and this community. We have generated so much awareness about this cause that never existed few years ago. Legal immigration was only about H1B quota. After the sucess of July I485 filings last year we were able to get the 2 year EAD rule this year due to the admin fixes campaign . So let us not measure our successes and failture with a bill. There is a lot else we have acheived in the last couple of years.
We can look forward to a lot more if we all continue to work positively and involve more people in this effort and on this website.
The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.
NOTHING WILL HAPPEN Because we are DESIS
All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.
Illegals are better than us at least they are united and they are actively involved.
We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?
And how many people actually showed up? Desi's wants everything fast and free.
One of the reasons friends of mine from IV have left being disappointed.
Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.
So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION
All new members need to take a more active role in order to succeed and continue this effort for a long time for future immigrants.
I do not think having an EAD is a cause of inaction. It is more about having confidence in the effort that their effort will truly help them and everyone else like them. They can get confidence only when they get involved and get in the thick of things and see for themselves how things work. I have heard people calling USCIS every other day finding their status if they just get an LUD. People take infopass just to find out their name check status. So why can't these people make calls to lawmakers and take an appointment to meet their lawmakers.
Until some time back people were by and large afraid to even write to lawmaker offices. But when their case was stuck in namechecks, they wrote to everyone including WH. So why cant we write letters during an action item? We need to think like a community and not as an individual in need of a greencard. An individual cannot achieve anything alone but a voice of thousands can do a lot.
We should feel happy that there is an immigration voice that is a voice of this community. It is not a lawyer forum created for a lawyer's publicity or a forum managed by any business interest to make profit off this community. The aim here is to get people relief from their immigration problems and IV resources are utilized for the community. People need to adopt IV as their place to go for all immigration related discussions and data from IV tracker and visit this site more often and try to get involved. Remember that just by visiting this site frequently, you are helping this effort in some ways.
Until IV was there, people were scared to post freely about employers, lawyers, USCIS, lawmakers etc. People were not willing to come out in the open with their real names for some unknown fear. But when Immigration voice came, everyone starting gaining confidence and did not have any fear. You can see that from the kind of posts we see these days on the forums. Such posts never existed 2 years ago.
This in itself is an achievement for immigration voice and this community. We have generated so much awareness about this cause that never existed few years ago. Legal immigration was only about H1B quota. After the sucess of July I485 filings last year we were able to get the 2 year EAD rule this year due to the admin fixes campaign . So let us not measure our successes and failture with a bill. There is a lot else we have acheived in the last couple of years.
We can look forward to a lot more if we all continue to work positively and involve more people in this effort and on this website.
more...
pbojja
04-24 03:06 PM
Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country
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gvenkat
10-31 05:37 PM
Applied online, Mailed my 485 receipt, The cover page that was generated. 2 photos, reason why I need AP.:)
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rssb
01-25 10:52 AM
Also shops/ people who have purchased substitute labor during the July 2007 window and faked lot of other things and are enjoying Ead's now.
When hundreds of genuine people stuck in EB3 from 2002, 2003 are unable to port or start new applications waiting forever. People with Substitute labor are able to show 3-4 years experience since 2007 and are porting leaving genuine EB2 and EB3 applicants behind.
When hundreds of genuine people stuck in EB3 from 2002, 2003 are unable to port or start new applications waiting forever. People with Substitute labor are able to show 3-4 years experience since 2007 and are porting leaving genuine EB2 and EB3 applicants behind.
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transpass
08-07 07:30 PM
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
I second grupak...
Its very very important to discuss this with your future wife. If your marriage starts with telling a lie, IMO, its not a good sign. Whether its good or bad, just talk to her and discuss the best available option. If she is really understanding and supportive of the decision you both make, then you have already started your marriage life with flying colors...:)
And BTW, if you are considering reentry permit (to be out of US for more than allowed time on PR) NEVER APPLY REENTRY PERMIT WHILE YOU ARE OUTSIDE THE U.S. IT'S GONNA BE DENIED AND THE APPEAL WILL ALSO BE DENIED...And you will be stuck outside U.S. with a PR...
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Powersa
07-07 06:42 PM
Good news story, kudos.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
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vin13
01-09 12:07 PM
Valid question but please refrain from saying AC21 to draw member attention. AC21 is not relevent for this issue. this seems to be a general job change question. Talk to your HR at either your new company or the old one.
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sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
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dskhabra
02-11 02:12 PM
EB2 I should get more spill over from EB2 ROW that what it got last year. The number of labor approvals is very less after June 2008( someone posted it earlier in some other thread). EB2 ROW is always current and I think the usage should be low this year.
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vine93
01-05 11:11 AM
Dear friends:
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
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niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
more...
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pappu
01-31 11:02 AM
There are now couple of threads and several posts in different places on the same topic. I have merged 2 threads.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
be careful when you start a new thread. see if there is already a thread on the topic and post in that thread.
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gbof
08-08 11:57 AM
To me, this all looks so irrelevant for AC21 users... when you changed GC sponsoring employer and have moved on with or without filing AC21..... I know most have stayed with sponsor for 180 days before moving on, to safe guard GC approval
Please, share your thoughts for AC21 users in context to citizenship ...
Please, share your thoughts for AC21 users in context to citizenship ...
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vrbest
09-30 10:41 AM
Got CPO status email on 9/29 for my EAD. No changes for my wife and son.. looks like they will have to wait for some more time :confused:
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
chanduv23
03-26 01:58 PM
What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?
Hmmm EVL could be their spouse's? EVL?
Hmmm EVL could be their spouse's? EVL?
bekugc
07-19 11:11 AM
Rolrblade,
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
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