snathan
08-16 01:55 AM
Can you point to a single post praising the immigration system.
He is confused immigration with security system
He is confused immigration with security system
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WeldonSprings
10-28 10:55 PM
Hello sachug22,
I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?
Can you please check the dashboard and throw some light on this. I am a little worried about this.
Thanks,
WeldonSprings.
These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).
I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?
Can you please check the dashboard and throw some light on this. I am a little worried about this.
Thanks,
WeldonSprings.
These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).
old_hat
05-02 11:41 PM
You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.
dude if u have no arguments, stop from calling names. i am not the one to be riled by intenet name calling. it is no bravery.
See my other posts and you will clearly see i have said that civilians need to be protected whether they are in darfur, kosovo or lanka. and i was replying to this particular person who was claiming
<i>It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight,</i>
this guy is clearly condoning LTTE. Dude either you get a pair of glasses or get some arguments with logic and yeah calling someone moron is not an argument.
dude if u have no arguments, stop from calling names. i am not the one to be riled by intenet name calling. it is no bravery.
See my other posts and you will clearly see i have said that civilians need to be protected whether they are in darfur, kosovo or lanka. and i was replying to this particular person who was claiming
<i>It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight,</i>
this guy is clearly condoning LTTE. Dude either you get a pair of glasses or get some arguments with logic and yeah calling someone moron is not an argument.
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pune_guy
07-08 01:59 PM
Hi,
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
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vinrobo
07-21 02:05 PM
When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.
sad indeed. but its not isolated to bay area.
sad indeed. but its not isolated to bay area.
sachug22
09-15 03:25 PM
Hi ocpmachine,
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
vdlrao,
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
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chantu
05-01 02:41 PM
Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
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snathan
01-19 02:00 PM
Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.
I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.
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sreeni.k
06-12 06:13 PM
Dillip good luck with your new challenge man. I understand you are currently in a difficult situation hope you will come out of it. Just one note though. Having graduated from a top school doesnt give anybody a right to top pay check and job security. I myself an IIT grad with a PhD from US- currently with Intel. I was expecting everybody to lap me up right out of undergrad. All I got was a chance. I learnt my ways- u have to demonstrate your skills today and dont expect a 10 year old paper diploma to make your living. Anyway I am also in a 485 EB2 Q. I am not fretting though- if it comes its a bonus for me, but doesnt change anything for me. I will still live in same home, get same pay, drive same car and get my patents published with same skills. :D
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
more...
gc28262
01-13 07:20 PM
Here is why this memo has come up
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
hot Loading.
aamchimumbai
04-28 10:42 PM
All!
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
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srinivasj
07-21 01:19 PM
its a big problem in Bay area, especially in walmarts, greatmall of america..they come with lame lines to strike a conversation...
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mundada
12-13 02:00 PM
I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
However, the Civil Rights Act that protects national origin came into effect in 1964.
I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.
I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.
FYI:
TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
more...
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byeusa
07-11 01:00 AM
Don't worry. SSA would be broke by then. and then the dollar would have devaluated by another 50%. Healthcare for the masses is a failure, immigration policy is a failure, schooling system is failing in majority of the nation, rampant violence with kids shooting in the schools, is any think that is right in this society? Glorification of Paris Hilton on CNN continously, Britney Spears in the news on front pages of the magazines.. how much more trashy can it be?
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grupak
02-13 10:02 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
Forget discrimination, unfairness, etc.
First, everyone agrees that IV is working to remove backlog in the employment-based GC.
Then just removing the country cap is not going to help as there isn't enough visa to go around. Second, just increasing the visa numbers is not going to help without removing/significantly increasing the country cap as most employment-based GC demands are from a few countries.
IV is not the place to argue about 'us' and 'them' in EB GC. IV is to help all EB GC without discrimination based on country of birth, national origin, etc., so IV fights for (1) increasing GC numbers and (2) removing cap/significantly increasing cap.
There is no way around it if we want to remove backlog in EB GC.
Forget discrimination, unfairness, etc.
First, everyone agrees that IV is working to remove backlog in the employment-based GC.
Then just removing the country cap is not going to help as there isn't enough visa to go around. Second, just increasing the visa numbers is not going to help without removing/significantly increasing the country cap as most employment-based GC demands are from a few countries.
IV is not the place to argue about 'us' and 'them' in EB GC. IV is to help all EB GC without discrimination based on country of birth, national origin, etc., so IV fights for (1) increasing GC numbers and (2) removing cap/significantly increasing cap.
There is no way around it if we want to remove backlog in EB GC.
more...
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eastindia
01-14 09:48 AM
I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
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villamonte6100
12-14 02:39 PM
I think you are taking it so personal. I am not opposing this idea. In fact, I suggested to check with your immigration lawyers and share what they say.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
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snathan
03-30 02:08 PM
May I know who is that redard gave me red...?
samay
08-25 03:01 PM
Hello Sir/Madam,
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
newtoearth
05-02 07:56 PM
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