
susie
06-22 10:43 PM
CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
Posted on: 6/20/2008
FOR IMMEDIATE RELEASE
Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.
Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.
�This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.
The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.
Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�
�It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.
The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.
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gconmymind
03-16 02:07 PM
Hi,
My wife needs to change her status from H4 to H1 as soon as possible (before 31st of March). Her current status is -
- H4 on passpost (expiring on 19th March)
- H4 extension approved till 2010
- She has an H1B approved till 2010 (no I94 with the approval notice as it was done when she was in India)
What are our options? These are what we know with pros/cons. Please add/correct.
1. Go for stamping to India.
This looks like the safest option as this is first time stamping. Both Mumbai and Delhi have 31st as first dates available for appt. Chennai is open but we have heard rejection rate is high. Please comment.
2. Go for stamping to Canada
She does not have a US degree and we have heard that first time stamping is difficult without it.
3. Stamping in Mexico
We have heard that first time stamping is generally not recommended.
4. Change of Status within USA
This is the easiest but will take much longer, at least 3 months or so.
Any suggestions are welcome. Please let us know as we are trying to formulate a plan so we can minimize rejection risk and get H1 stamp/COS before 31st.
thanks!
My wife needs to change her status from H4 to H1 as soon as possible (before 31st of March). Her current status is -
- H4 on passpost (expiring on 19th March)
- H4 extension approved till 2010
- She has an H1B approved till 2010 (no I94 with the approval notice as it was done when she was in India)
What are our options? These are what we know with pros/cons. Please add/correct.
1. Go for stamping to India.
This looks like the safest option as this is first time stamping. Both Mumbai and Delhi have 31st as first dates available for appt. Chennai is open but we have heard rejection rate is high. Please comment.
2. Go for stamping to Canada
She does not have a US degree and we have heard that first time stamping is difficult without it.
3. Stamping in Mexico
We have heard that first time stamping is generally not recommended.
4. Change of Status within USA
This is the easiest but will take much longer, at least 3 months or so.
Any suggestions are welcome. Please let us know as we are trying to formulate a plan so we can minimize rejection risk and get H1 stamp/COS before 31st.
thanks!
gaz
04-08 03:15 PM
In this visa bulletin atleast they give us an idea of not to expect until the year end, So they are not giving false hope in each bulletin until october 2009!!!
So we all can predict on september onwards. Atleast we should send some flowers for passing this information.
flowers? i would suggest sending manure - send back some of the love (and let them grow their own flowers)
(send flowers and they will be happy for a day.. let them grow flowers and they will be happy forever) ;)
So we all can predict on september onwards. Atleast we should send some flowers for passing this information.
flowers? i would suggest sending manure - send back some of the love (and let them grow their own flowers)
(send flowers and they will be happy for a day.. let them grow flowers and they will be happy forever) ;)
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illusions
04-01 10:07 AM
reports that 12 485 approvals (ROW) on the 31st, and EB3 catagory are being approved for PD 2007! mainly from TSC.
more...
jonty_11
05-15 03:58 PM
remember they are eastern time zone...
try to talk to a live person rather than leaving a msg...has more impact.
Ther eis no need to feel apprehensive, the call will go quick and the elected reps are there to listen to the public...so just chill out and call from ur cafetria and u can use ur cell phone..like I did...wont eat into ur minutes....too much...(even more reason to talk to a live person - they know abt calls coming in and will cut u short) All that matters is the # of calls they receive..
The person I talked to said he k nows abt lotta folks calling and will my name to the list...
So make ur numbers count...CALL CALl CALL
try to talk to a live person rather than leaving a msg...has more impact.
Ther eis no need to feel apprehensive, the call will go quick and the elected reps are there to listen to the public...so just chill out and call from ur cafetria and u can use ur cell phone..like I did...wont eat into ur minutes....too much...(even more reason to talk to a live person - they know abt calls coming in and will cut u short) All that matters is the # of calls they receive..
The person I talked to said he k nows abt lotta folks calling and will my name to the list...
So make ur numbers count...CALL CALl CALL

pappu
08-02 11:01 AM
That became a donor forum. Poor people like me can not view that thread.
Thanks
MC
Stop posting untrue post and misleading people.
The thread mentioned by you is not a donor thread. All donor threads have (donor) written before them. At this time there are zero donor threads. If we have to post an update that cannot be made public we would create a donor thread. At this time there are no donor threads.
Thanks
MC
Stop posting untrue post and misleading people.
The thread mentioned by you is not a donor thread. All donor threads have (donor) written before them. At this time there are zero donor threads. If we have to post an update that cannot be made public we would create a donor thread. At this time there are no donor threads.
more...
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freedom_fighter
07-14 10:52 AM
Awesome! Someone needs to take a lead. Who would that be?
I dont have knowledge/experience in leading these efforts. I can give 30-60 mins of time everyday and contribute. If someone has more experience, ready to help.
I dont have knowledge/experience in leading these efforts. I can give 30-60 mins of time everyday and contribute. If someone has more experience, ready to help.
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santb1975
04-14 06:21 PM
I tried to run twice last week but had to walk 2 out of the four miles because of the 100 degree temperatures in So.Cal. it is so much easier to stick to the classes I take in an air conditioned GYM but a new activity helps. I am proud to be part of Team IV and raising funds for the cause I believe in
As a start, I've decided to start walking in my office garage for half an hour before lunch.
As a start, I've decided to start walking in my office garage for half an hour before lunch.
more...
vgayalu
01-13 10:58 PM
Now EB2 is also stucked at2003 Jan.
It took 11 months to move 8 days. When Eb3 get into retrogressionevery one started filing in EB2. I think if nothing comes relief like SKIL \ CIR better to stay wit EB3 - Mar 2004.
I think with in one year EB2 and EB3 wil get same priority dates.
It is upto you.
Hi,
Have a EB3 NON-RIR pending at BEC with PD: March 2004.
--Completed MBA in IT in may'06
Should I wait for the eb3 non rir to get approved or can I go ahead and file the EB2 in PERM from the same employer for a different job opportunity while eb3-non-rir is pending ?
thanks in advance,
GA
It took 11 months to move 8 days. When Eb3 get into retrogressionevery one started filing in EB2. I think if nothing comes relief like SKIL \ CIR better to stay wit EB3 - Mar 2004.
I think with in one year EB2 and EB3 wil get same priority dates.
It is upto you.
Hi,
Have a EB3 NON-RIR pending at BEC with PD: March 2004.
--Completed MBA in IT in may'06
Should I wait for the eb3 non rir to get approved or can I go ahead and file the EB2 in PERM from the same employer for a different job opportunity while eb3-non-rir is pending ?
thanks in advance,
GA
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amitjoey
01-18 11:19 AM
We need about 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
Okay here we go. Here is a goal of having 1000 members on $20 monthly recurring contributions. 1000-100 = Need 900 members. Come on guys. Lets start deducting from this number. if you sign up for minimum $20 recurring, please post and say you did. Then deduct from 1900
Okay here we go. Here is a goal of having 1000 members on $20 monthly recurring contributions. 1000-100 = Need 900 members. Come on guys. Lets start deducting from this number. if you sign up for minimum $20 recurring, please post and say you did. Then deduct from 1900
more...

sr123
12-18 04:04 PM
Today's count: 7,606 members.
No contributions at all by members in the last 4 days.
sent in my contribution for december.
No contributions at all by members in the last 4 days.
sent in my contribution for december.
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eastindia
09-29 07:55 AM
I agree, this is the way politics works most of the time. lobby for votes, etc.
But isn't it also their job to do what is in the best interest of the Nation. Everything isn't decided by lobbies.
Maybe we're approaching this the wrong way, in trying to build competing lobby. it needs a new approach. Congress should be convinced in a different way.
Lobby is for optional, nice to have things, which will not be generally missed if they fail.
Legal immigration is none of these and is almost mandatory. Imagine losing for eg. 200K EB3s. another 50K doctors.
Doctors are EB2 and EB1.
They are not EB3
Even Physical therapists are EB2.
EB3 are low level/entry level programmers or skilled workers with with undergraduate degree or diploma degree holders that use education evaluation service to prove that their diploma is equivalent to an undergraduate degree.
Now some of you will say you have masters degree and still are EB3. It does not matter if you have a undergraduate degree from IIT or Harvard and have MBA from Harvard. If your job needs only undergraduate degree your master degrees are useless. You are working in a wrong job and overqualified for your job. You should look for another job that needs your american masters degree. Some will say that their lawyer filed in EB3 even though they qualify for EB2. Now that is also a wrong excuse. If your lawyer and HR screwed you, it is your fault that you could not stand up to them. It is not USCIS fault.
But isn't it also their job to do what is in the best interest of the Nation. Everything isn't decided by lobbies.
Maybe we're approaching this the wrong way, in trying to build competing lobby. it needs a new approach. Congress should be convinced in a different way.
Lobby is for optional, nice to have things, which will not be generally missed if they fail.
Legal immigration is none of these and is almost mandatory. Imagine losing for eg. 200K EB3s. another 50K doctors.
Doctors are EB2 and EB1.
They are not EB3
Even Physical therapists are EB2.
EB3 are low level/entry level programmers or skilled workers with with undergraduate degree or diploma degree holders that use education evaluation service to prove that their diploma is equivalent to an undergraduate degree.
Now some of you will say you have masters degree and still are EB3. It does not matter if you have a undergraduate degree from IIT or Harvard and have MBA from Harvard. If your job needs only undergraduate degree your master degrees are useless. You are working in a wrong job and overqualified for your job. You should look for another job that needs your american masters degree. Some will say that their lawyer filed in EB3 even though they qualify for EB2. Now that is also a wrong excuse. If your lawyer and HR screwed you, it is your fault that you could not stand up to them. It is not USCIS fault.
more...
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dogking
06-29 10:43 AM
Just called my lawyer, she will work overtime on Sunday and try to file our applications on Monday.
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slowwin
05-01 04:05 PM
Guys,
Again, post your field of work. I somehow see reluctance here on the part of posters. 2 to 3 have done so, but the rest have not. If it is only IT for the major part, we have to analyse and see why IT is being targeted for audits... ?
thanks!
Again, post your field of work. I somehow see reluctance here on the part of posters. 2 to 3 have done so, but the rest have not. If it is only IT for the major part, we have to analyse and see why IT is being targeted for audits... ?
thanks!
more...
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mihird
06-29 10:28 AM
What USCIS did to the other worker category in June was clearly a violation of Federal regulation (8 CFR Section 245.1(g)) - however since the numbers were insignificant, the violation went unnoticed.
It goes without saying that AILA will file a federal law suit seeking immediate interim relief, if the USCIS does this again...
The repercussions of such a law suit will be worse for the USCIS and very good for the filers. If the judge grants interim relief, that will mean USCIS cannot close the doors until the law suit is settled...USCIS is probably already aware of this possible repercussion and will most certainly avoid this lawsuit situation...
There are an estimated 250,000 (primary) filers expected to take advantage of the July visa bulletin...a number that is hard to go unnoticed...
It goes without saying that AILA will file a federal law suit seeking immediate interim relief, if the USCIS does this again...
The repercussions of such a law suit will be worse for the USCIS and very good for the filers. If the judge grants interim relief, that will mean USCIS cannot close the doors until the law suit is settled...USCIS is probably already aware of this possible repercussion and will most certainly avoid this lawsuit situation...
There are an estimated 250,000 (primary) filers expected to take advantage of the July visa bulletin...a number that is hard to go unnoticed...
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Dhundhun
05-05 11:40 AM
From last two days I am also getting the Payment Processing error when i use the credit card option and called the Customer service, they informed send an email to E-filing.support@dhs.gov and sent an email yesterday and still didn't receive any response back. Today When i try to goto login page, now i am getting "Server is currently unavailable or down for maintenance".
Same here, I think, it took two days for USCIS E-filing support team that payment server is not working. I interpret the message "Server is currently unavailable or down for maintenance" as now the problem would be fixed.
This is a Good News. Thanks
Same here, I think, it took two days for USCIS E-filing support team that payment server is not working. I interpret the message "Server is currently unavailable or down for maintenance" as now the problem would be fixed.
This is a Good News. Thanks
more...
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guyfromsg
06-26 06:41 PM
Thank you. Our company promised to file before 23rd July and I was worried about the rumors. Thanks for clarifying you saved one panic email to the lawyer and HR :)
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Macaca
01-18 11:03 AM
Hello IV:
I happened to surf upon the NumbersUSA website and the general outlay of the website clearly establishes their objectives and motto. Although IV is fighting for a niche stage in the legal immigration process, a stage which almost all non-immigrants have to pass through, it is my perspective that this is never clearly communicated. The NumbersUSA website is visually more informative.
Most probably, NumbersUSA has a much larger pool of money. Some persons believe in their cause by making contributions. They may have full-time employees and/or professional support.
Most persons stuck in EB retrogression want service at NO COST. Most others want service at negligible cost.
IV appears to be having a hard time getting contributions even they beg for it.
I happened to surf upon the NumbersUSA website and the general outlay of the website clearly establishes their objectives and motto. Although IV is fighting for a niche stage in the legal immigration process, a stage which almost all non-immigrants have to pass through, it is my perspective that this is never clearly communicated. The NumbersUSA website is visually more informative.
Most probably, NumbersUSA has a much larger pool of money. Some persons believe in their cause by making contributions. They may have full-time employees and/or professional support.
Most persons stuck in EB retrogression want service at NO COST. Most others want service at negligible cost.
IV appears to be having a hard time getting contributions even they beg for it.
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tonyHK12
01-13 08:39 AM
Going back to the original subject of discussion - before the thread got hijacked by plainspeak and some really divisive and dangerous viewpoints -
This is typically what anti-immigrant and competitor websites do, they never donate or take part in advocacy activities - like PlainSpeak. examples of anti-immigrants are numbersUSA, FAIR and many others. your game is up, you can leave this website.
They pick up a thread that educates members about advocaccy and pretend to have an argument and completely divert the topic. If people have questions there are better ways to talk to management or core.
There were very valid posts about meeting lawmakers and requests for ideas for a better EB system, which were all supressed thanks to the negative campaign.
Admins please delete posts of PlainSpeak as his goal is to hamper advocacy efforts.
This is a grass-root effort and there is no nice way of getting rid of weeds.
Freeloader weeds are just filling up our Server disk space that we pay for, with their bullshit.
This is typically what anti-immigrant and competitor websites do, they never donate or take part in advocacy activities - like PlainSpeak. examples of anti-immigrants are numbersUSA, FAIR and many others. your game is up, you can leave this website.
They pick up a thread that educates members about advocaccy and pretend to have an argument and completely divert the topic. If people have questions there are better ways to talk to management or core.
There were very valid posts about meeting lawmakers and requests for ideas for a better EB system, which were all supressed thanks to the negative campaign.
Admins please delete posts of PlainSpeak as his goal is to hamper advocacy efforts.
This is a grass-root effort and there is no nice way of getting rid of weeds.
Freeloader weeds are just filling up our Server disk space that we pay for, with their bullshit.
bharol
01-23 08:44 PM
Slumdog,
Quality of life does not come only with buying a house alone.
People who stretched themselves to buy an unaffordable house by going for creative mortgages probably fearing that they will be priced out of the housing market, may not be enjoying the quality of life when 70% of the paycheck is going towards mortgage and after a few years worrying that their houses are 40% down from where they bought!
You can RENT a house and have better quality of life because you will have more money to spend on rest of the things in life.
I came here in 2000 too and haven't bought a house yet. I shall not buy unless it is affordable and I don't have to nickle and dime after making mortgage payment every month.. Another one year and I am sure houses will come in my range, if not I am happy renting for rest of my life or move to a place where I can afford a house.(I live in San Francisco area right now).
Another short story to end it.
A friend's friend bought a big house, close to a million dollars. Husband and wife both work. My friend complimented them by telling them that they have a really nice and big house. The guy responded.."Yeah only thing is I can't get a peaceful sleep in it.. substantial amount of monthly income goes towards mortgage!"
Point is you want to be a home owner or have a peaceful life?
Quality of life does not come only with buying a house alone.
People who stretched themselves to buy an unaffordable house by going for creative mortgages probably fearing that they will be priced out of the housing market, may not be enjoying the quality of life when 70% of the paycheck is going towards mortgage and after a few years worrying that their houses are 40% down from where they bought!
You can RENT a house and have better quality of life because you will have more money to spend on rest of the things in life.
I came here in 2000 too and haven't bought a house yet. I shall not buy unless it is affordable and I don't have to nickle and dime after making mortgage payment every month.. Another one year and I am sure houses will come in my range, if not I am happy renting for rest of my life or move to a place where I can afford a house.(I live in San Francisco area right now).
Another short story to end it.
A friend's friend bought a big house, close to a million dollars. Husband and wife both work. My friend complimented them by telling them that they have a really nice and big house. The guy responded.."Yeah only thing is I can't get a peaceful sleep in it.. substantial amount of monthly income goes towards mortgage!"
Point is you want to be a home owner or have a peaceful life?
extra_mint
05-14 07:18 PM
Finally Greened. It's an amazing feeling.
Just checked my MAIL (Saturday) and it had my approval mail as well as Physical Card. Strangely both came in together.
Thanks to IV, I am not a donor but time and again I keeping making one time donations. This forum provides so much knowledge that money support is the most trivial thing that one can do.
Few more notes that might help other folks who are current in May and waiting to be Green
First I have email and mobile alert on for my 485 but got none and the status on my portfolio still says Request for Evidence Response View. Last LUD is still Aug, 2010.
Second I had an RFE in Apr 2009, General RFE asking for work details from my employer.
Got FP just once.
My PD Jun12,2006 NSC
I have not changed my company but my company had been bought and name changed and all this year I have moved and changed roles and profiles. Also I am on EAD though never changed jobs.
I was anxiously waiting but didn't opened any SR or contacted congressmen. I was planning to do that next week.
By the way I am still waiting for my spouse's GC.
I added my spouse on my application in 2008 (last quater when dates touched Aug 1,2006 before retrogressing)
I am going to party this weekend for my GC and next weekend for my spouse's :-) Only advantage of not getting both GC's at same time.
Congratulations to all that got their GC this May & Good Luck to all those who are current in May and will become current next month.
Just checked my MAIL (Saturday) and it had my approval mail as well as Physical Card. Strangely both came in together.
Thanks to IV, I am not a donor but time and again I keeping making one time donations. This forum provides so much knowledge that money support is the most trivial thing that one can do.
Few more notes that might help other folks who are current in May and waiting to be Green
First I have email and mobile alert on for my 485 but got none and the status on my portfolio still says Request for Evidence Response View. Last LUD is still Aug, 2010.
Second I had an RFE in Apr 2009, General RFE asking for work details from my employer.
Got FP just once.
My PD Jun12,2006 NSC
I have not changed my company but my company had been bought and name changed and all this year I have moved and changed roles and profiles. Also I am on EAD though never changed jobs.
I was anxiously waiting but didn't opened any SR or contacted congressmen. I was planning to do that next week.
By the way I am still waiting for my spouse's GC.
I added my spouse on my application in 2008 (last quater when dates touched Aug 1,2006 before retrogressing)
I am going to party this weekend for my GC and next weekend for my spouse's :-) Only advantage of not getting both GC's at same time.
Congratulations to all that got their GC this May & Good Luck to all those who are current in May and will become current next month.
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