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gc_check
04-14 08:11 AM
Even if you assume there are 3000-5000 labor subs that chocks up the queue, it might have benefited the ones with a 2003 PD like yourself. But for others (beyond 2003) , it is not much of a help. A visa recapture would benefit the community at large.
Even if you consider 3000-5000 labor subs, not many of those are "sold" labors, many of them are legal ones. labor subs were all legal until some companies started selling those.
Hi.. I'm not discussing whether labor subs is legal or not. Prior to July 2007, the law & regulations allowed to utilize the labor cert, that was certified for a Alien with a diff Alien, provided skill, edu... etc matches. Though it is legal, the amount of mis-use led to sunset of the program after many many years of existence.
My argument is that Labor Sub, does impact PD movement significantly, Also most people I know with PD prior to 2002 , except very few unlucky ones most got their GC. Also in July 07 rush, many who had already filed 485 with PD 2003 and early 2004 also got approved.
I know there were lots of approvals from Backlog Elimination center, but unless you work for a very good company, I doubt you will still be stuck with the employer from 2000 just for the sake of GC. When the dates were current, many moved to other companies, If you were here in US during late 2000 and 2001, that was not nice year for IT / Tech. Now where did all these old PD's pop from. Definitely sub has a big role to play. As I said in my earlier post, nothing can be done abt. this.
Visa recapture and visa increase seems to be the only option that might help.... and most member now know what it takes to get there... $$$$ and more $$$$$ to lobby, etc...
Even if you consider 3000-5000 labor subs, not many of those are "sold" labors, many of them are legal ones. labor subs were all legal until some companies started selling those.
Hi.. I'm not discussing whether labor subs is legal or not. Prior to July 2007, the law & regulations allowed to utilize the labor cert, that was certified for a Alien with a diff Alien, provided skill, edu... etc matches. Though it is legal, the amount of mis-use led to sunset of the program after many many years of existence.
My argument is that Labor Sub, does impact PD movement significantly, Also most people I know with PD prior to 2002 , except very few unlucky ones most got their GC. Also in July 07 rush, many who had already filed 485 with PD 2003 and early 2004 also got approved.
I know there were lots of approvals from Backlog Elimination center, but unless you work for a very good company, I doubt you will still be stuck with the employer from 2000 just for the sake of GC. When the dates were current, many moved to other companies, If you were here in US during late 2000 and 2001, that was not nice year for IT / Tech. Now where did all these old PD's pop from. Definitely sub has a big role to play. As I said in my earlier post, nothing can be done abt. this.
Visa recapture and visa increase seems to be the only option that might help.... and most member now know what it takes to get there... $$$$ and more $$$$$ to lobby, etc...
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GCNirvana007
08-20 12:38 PM
I saw a couple of cases from 2003 updating their status yesterday in EB2 India Texas..... in
Just sharing info...
Does it say when they filed their 485?
Just sharing info...
Does it say when they filed their 485?
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redgreen
11-11 01:07 PM
The most interesting part of the story is that this person (thunderbolt) is still keeping her as a nanny (if the story is true)!
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akhilmahajan
02-26 01:59 PM
Hi all,
I have been following this thread and some posts suggest that the Observation on the passport for correcting the name is sufficient. Here is my situation:
My passport had the name as:
Surname: A***********
Given name: P****
The correct name should be (since this is how I use it in the US now and it applies to all my docs here - GC, DL, school records, everywhere).
Surname: P****
Given name: A***********
I got this corrected in the Indian passport through an "Observation" on Page 3 which states:
The name of the passport holder appearing on Page 1 has been corrected to read as:
Surname: P****
Given name: A***********
Since this is not a "name change" as such but simply a re-alignment of the last and first names (often a source of confusion from India), I hope this is sufficient and I don't have to go through a name change to get a new passport book issued.
Any comments would be greatly appreciated.
AP
Her name (First Last) was in the givenname on the passport and had the surname empty.
We went to NY consulate and wanted to add an observation, which they said no and issued her a new passport.
Now she has 2 passports.
I just wanted to ask everyone how does it affect her 485/EAD/AP application.
Thanks.
I have been following this thread and some posts suggest that the Observation on the passport for correcting the name is sufficient. Here is my situation:
My passport had the name as:
Surname: A***********
Given name: P****
The correct name should be (since this is how I use it in the US now and it applies to all my docs here - GC, DL, school records, everywhere).
Surname: P****
Given name: A***********
I got this corrected in the Indian passport through an "Observation" on Page 3 which states:
The name of the passport holder appearing on Page 1 has been corrected to read as:
Surname: P****
Given name: A***********
Since this is not a "name change" as such but simply a re-alignment of the last and first names (often a source of confusion from India), I hope this is sufficient and I don't have to go through a name change to get a new passport book issued.
Any comments would be greatly appreciated.
AP
Her name (First Last) was in the givenname on the passport and had the surname empty.
We went to NY consulate and wanted to add an observation, which they said no and issued her a new passport.
Now she has 2 passports.
I just wanted to ask everyone how does it affect her 485/EAD/AP application.
Thanks.
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amitjoey
07-05 07:49 PM
The media needs to know, I do not have any idea how.
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rajuseattle
04-14 09:02 PM
snathan,
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
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ragz4u
04-12 11:00 AM
His research (computational fluid dynamics (CFD)) papers are not even submitted because of him not being on Green Card.
Thanks for sending this to us. This will definitely help our case as an immigrant wants to help the US Governement project with his research and he is thinking about going back to his country
Thanks for sending this to us. This will definitely help our case as an immigrant wants to help the US Governement project with his research and he is thinking about going back to his country
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Trending: Selena Gomez, Taylor
Powersa
07-17 07:29 PM
Thank you all!!!
Kudos!!!
Kudos!!!
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neelu
08-19 10:47 PM
I had the exact same question. If one responds to an RFE on his/her I-485 app, is there no place on the online status description where we can find the original receipt date?
Also, can one assume that his/her case has is pre-adjudicated, if there are no further requests from USCIS after an RFE reponse from the applicant?
Thank you, JSB, InTheMoment, FromNaija and all others who are providing valuable information (even though some of it is probably only good logical deductions) on this thread.
jsb
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
Also, can one assume that his/her case has is pre-adjudicated, if there are no further requests from USCIS after an RFE reponse from the applicant?
Thank you, JSB, InTheMoment, FromNaija and all others who are providing valuable information (even though some of it is probably only good logical deductions) on this thread.
jsb
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
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kpchal2
08-21 10:37 AM
hi jsb
what makes you state with confidance that the preadjudicated cases will be evaluated. can you please explain the basis of your statement. both my case and my wife's case has been pre-adjudicated and i am waiting for my green card. so do you think we should expect our green card some time next month without any additional followup. i would hate to see my case being sidetracked when some one else with pd and rd much beyond mine is serviced. any thoughts and insights. not trying to offend anyone. just trying to get some information.
thanks
what makes you state with confidance that the preadjudicated cases will be evaluated. can you please explain the basis of your statement. both my case and my wife's case has been pre-adjudicated and i am waiting for my green card. so do you think we should expect our green card some time next month without any additional followup. i would hate to see my case being sidetracked when some one else with pd and rd much beyond mine is serviced. any thoughts and insights. not trying to offend anyone. just trying to get some information.
thanks
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pvenkat
07-17 10:15 PM
Thanks to IV core team and all the members
Will continue to spread the message and contribute in all possible ways to help achieve the goals of IV
Regards
P.Venkat:)
Will continue to spread the message and contribute in all possible ways to help achieve the goals of IV
Regards
P.Venkat:)
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lord_labaku
12-03 12:06 PM
On the note of taking attorney for immigration interview...most of the well known immigration attorneys are too busy to attend such...they would send a senior legal assistant. Some of the senior legal assistants who work at firms for a few years are as knowledgeable as the attorneys and consult attorneys only on tricky matters...so in some cases even sr. legal assistants accompanying would help.
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Macaca
07-17 08:56 PM
GRRRRR....
:p
I just hoped that you are not like our always teary eyed Indians!
:p
I just hoped that you are not like our always teary eyed Indians!
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hpandey
11-11 04:33 PM
If he goes to cops what happens to his 485? He is worried that's why he is on this forum - I think he was looking for posters with similar experiences and whether complaining to cops worked or not.
Is 485 the sole purpose of our life now ? Personally I don't give a damn about the GC if I have to see my family suffer and I don't think any crime can be worse than seeing an adult abusing an infant who can't protect himself and not doing something about it.
Is 485 the sole purpose of our life now ? Personally I don't give a damn about the GC if I have to see my family suffer and I don't think any crime can be worse than seeing an adult abusing an infant who can't protect himself and not doing something about it.
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sin94
03-07 11:40 PM
how to contribute 25$ for this initiative
Let me know how to contribute via paypal or mail it to IV
Let me know how to contribute via paypal or mail it to IV
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seekerofpeace
08-19 04:53 PM
jsb
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
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cableching
08-21 06:32 PM
You said that you are from the Midwest, but your profile says that you send your application to Texas. How is that possible, All midwest I-485 applications must have gone to Nebraska Service Center.
"I am in Midwest and not all the USCIS/ASC offices treat as bad, as these guys may not have that many applicants coming to the office, like int Northeast or California."
I sent it to Nebraska and it reache on July 3rd 2007 and it was trnasferred to Texas. I am not sure what's there in my profile, I just entered the dates when it didn't let me login to the site. It did not let login even if I didn't enter an RFE date and I had to enter some date. My I-140 was approved from Texas. One more thing, when I e-Filed for EAD and AP this year, it went to Texas, though IO gave a Midwest address which falls under Nebraska, I don't know why and I was surprised and happy too as Texas was approving the applications very fast, but mine is not yet approved (Applied on 29th June).
It is already 6:15 PM and I have to go home, if I don't answer any more don't think I am hiding. I have a life to live and don't be so negative buddies. Every body will ge their Greencard and it is just time.
I have been living in US nearly for 10 years all the time in B1, L1 and H1 visas.
People might start asking, how come you have a 2006 priority date? One employer had applied in 2004 and was in PBEC and did not get approved untill 2007 July, meanwhile I had applied another in EB2 through another employer and got Labor approved in Septmeber 2006 (less than a month) and I-140 approved (Premium) in November. After that I got three years H1 through new employer and moved to this company on 11th June 2007 Luckily everything was made current on July 13th and mailed my I-485 application on July 2nd (Just before they officially announced that visas were unavailable) and it reached on July 3rd. Again don't ask me how could I apply in EB2, when I did not do Masters in US. I have Masters from India and also had Five years of experience even before 2004, by then I was in US for more than 5 years. Also, when my employer applied Labor in 2004, I was just Five days away from my 5th year ending on L1/H1.
One more thing I bought a home in 2005 when my labor was pending some where, may be in Local Labor Department or PBEC or somewhere inbetween, and have been living happily. I am also worried about the GC but not paranoid about it.
Many guys here worry too much, just relax and live a peaqceful life. Jus think this, we are highly educated and would defintely be able to make a living anywhere in the world, not just US. Don't worry tooo much and think others have no work and want to fool you guys.
Just my 2 cents......
"I am in Midwest and not all the USCIS/ASC offices treat as bad, as these guys may not have that many applicants coming to the office, like int Northeast or California."
I sent it to Nebraska and it reache on July 3rd 2007 and it was trnasferred to Texas. I am not sure what's there in my profile, I just entered the dates when it didn't let me login to the site. It did not let login even if I didn't enter an RFE date and I had to enter some date. My I-140 was approved from Texas. One more thing, when I e-Filed for EAD and AP this year, it went to Texas, though IO gave a Midwest address which falls under Nebraska, I don't know why and I was surprised and happy too as Texas was approving the applications very fast, but mine is not yet approved (Applied on 29th June).
It is already 6:15 PM and I have to go home, if I don't answer any more don't think I am hiding. I have a life to live and don't be so negative buddies. Every body will ge their Greencard and it is just time.
I have been living in US nearly for 10 years all the time in B1, L1 and H1 visas.
People might start asking, how come you have a 2006 priority date? One employer had applied in 2004 and was in PBEC and did not get approved untill 2007 July, meanwhile I had applied another in EB2 through another employer and got Labor approved in Septmeber 2006 (less than a month) and I-140 approved (Premium) in November. After that I got three years H1 through new employer and moved to this company on 11th June 2007 Luckily everything was made current on July 13th and mailed my I-485 application on July 2nd (Just before they officially announced that visas were unavailable) and it reached on July 3rd. Again don't ask me how could I apply in EB2, when I did not do Masters in US. I have Masters from India and also had Five years of experience even before 2004, by then I was in US for more than 5 years. Also, when my employer applied Labor in 2004, I was just Five days away from my 5th year ending on L1/H1.
One more thing I bought a home in 2005 when my labor was pending some where, may be in Local Labor Department or PBEC or somewhere inbetween, and have been living happily. I am also worried about the GC but not paranoid about it.
Many guys here worry too much, just relax and live a peaqceful life. Jus think this, we are highly educated and would defintely be able to make a living anywhere in the world, not just US. Don't worry tooo much and think others have no work and want to fool you guys.
Just my 2 cents......
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jingi1234
08-25 05:23 PM
I guess My interview didn't go as expected.
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
This case is consular processing? I am confused :confused:
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
This case is consular processing? I am confused :confused:
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sk2006
08-13 05:49 PM
I am confused now!:D
I thought that with the Sept 2009 bulletin ( PD shifted to 01 Jan 2005 for EB2 India), my PD is current!
Am I missing something?
Best
Fred
Your PD is not yet current.
If they have issued GC to you, it was a mistake and you should report it to USCIS to avoid future problems.
There were several discussions on this forum about this issue.
Report to USCIS ASAP that you have been approved by mistake.
I thought with PD of 2004 by now you should be well aware of how Visa bulletins work. :confused:
Either you went into hibernation after filing for your GC back in 2004 or you are just faking your profile.
I thought that with the Sept 2009 bulletin ( PD shifted to 01 Jan 2005 for EB2 India), my PD is current!
Am I missing something?
Best
Fred
Your PD is not yet current.
If they have issued GC to you, it was a mistake and you should report it to USCIS to avoid future problems.
There were several discussions on this forum about this issue.
Report to USCIS ASAP that you have been approved by mistake.
I thought with PD of 2004 by now you should be well aware of how Visa bulletins work. :confused:
Either you went into hibernation after filing for your GC back in 2004 or you are just faking your profile.
ruchigup
08-20 01:42 PM
InfoPass. (http://infopass.uscis.gov/)
select language
Click Make your appointment button
After inputting zip code
I select the 4th checkbox "You need information or other services "
I suspect you must be selecting the first checkbox that sounds like more logical choice, but I have taken appointment using the above procedure last year, it works.
Are you folks opening a Service request before taking an Infopass appointment? When I visit the site, it says that it needs an SR number. Am I missing something?
select language
Click Make your appointment button
After inputting zip code
I select the 4th checkbox "You need information or other services "
I suspect you must be selecting the first checkbox that sounds like more logical choice, but I have taken appointment using the above procedure last year, it works.
Are you folks opening a Service request before taking an Infopass appointment? When I visit the site, it says that it needs an SR number. Am I missing something?
santb1975
12-03 11:16 AM
We will have to get all our energy together to make this happen. Common folks this is not hard to achieve.
We have a goal of 30K by the end of this month. This is what we need to invest in the omnibus bill Lobbying efforts.
We have a goal of 30K by the end of this month. This is what we need to invest in the omnibus bill Lobbying efforts.
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