sdrk
07-20 05:37 AM
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mmj
05-08 02:35 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
va_il
05-03 03:17 PM
Aren't H4 spouses considered as Immigrants ?
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
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Omm
04-23 01:52 PM
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
Yes I agree with you, Some are really nastly dont give anything in writting , Dont even apply for H1b until you force them when they hire you on OPT, I have seen some of my freinds had to go back to India because of them. They are to be taugh a lesson, If we are immigants they are too.
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
Yes I agree with you, Some are really nastly dont give anything in writting , Dont even apply for H1b until you force them when they hire you on OPT, I have seen some of my freinds had to go back to India because of them. They are to be taugh a lesson, If we are immigants they are too.
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desi3933
07-10 12:28 AM
....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
bkam
06-26 01:51 PM
I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
Well, my dear, since you are the "boss", you can "ban" me now. Do not wait because it is unlikely I will change my way of thinking. Even, I am going to facilitate you, I will "ban" me myself.
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shortchanged
08-08 10:20 PM
Has anyone with approval from 08/01 received welcome letter or card? My husband's I485 was approved on 08/04 but no letter or card yet. Also, mine and my son's cases are still pending, opened SR and will take infopass next week.
I, wife and son got cards today 8/8/8 in USPS.
I, wife and son got cards today 8/8/8 in USPS.
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desi3933
07-10 12:44 PM
.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
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sangmami
07-02 08:49 AM
mine at local fedex facility at 8.05am at nebraska
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lost_in_migration
05-01 04:35 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
PART 1
Sec. 203. [8 U.S.C. 1153]
(a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
[TO BE CONTD.]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
PART 1
Sec. 203. [8 U.S.C. 1153]
(a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens. - Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens. - Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
[TO BE CONTD.]
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Refugee_New
08-18 01:05 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002
What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.
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Janisaris
09-14 10:57 AM
I called and talked to a level 2 officer and she could not find us in the system.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
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acepb
08-28 01:56 AM
filed aug 3 2008 card ordered aug 26 2008
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sbanil
09-24 06:21 PM
Call USCIS on 1-800-375-5283. Then sequence to get the "Human" on line is 1-2-2-6-2-2-1.
They asked me to wait 90 days before calling in with questions related to Receipt notice. They are advised now that it will at least take 90 days to get the receipt notices completed.
They asked me to wait 90 days before calling in with questions related to Receipt notice. They are advised now that it will at least take 90 days to get the receipt notices completed.
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amitjoey
07-09 09:26 PM
This is great but not at all enough, If major news and print media does not cover this, than this effort will go waste. If it gets unreported, than we have ourselves to blame. The whole point is for this to get covered nationally. Your local news and print media needs to be made aware, if it gets printed enough times, it will be picked up in major news channels. So please email the story, make the reporters aware of this. I know, we have a lot of us that we can write, copy paste the same message. I have a feeling it is going to make a great news story, just want to be doubly sure.
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hello
02-03 02:13 PM
Contributed $100.
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abq_gc
08-18 01:11 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
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gauravster
07-08 04:30 PM
You are incorrect on multiple accounts.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
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gccovet
08-26 11:07 AM
On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.
AJ
My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?
your spouses will get their EAD approvals in week to 10 days for sure.
GCCovet
AJ
My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?
your spouses will get their EAD approvals in week to 10 days for sure.
GCCovet
SunnySurya
08-24 09:19 AM
Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
apahilaj
03-04 04:54 PM
As an update,
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I got same exact response as you regarding 60 days wait - only difference is my name check is still pending. Personally, I don't trust this any more until I get it...
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I got same exact response as you regarding 60 days wait - only difference is my name check is still pending. Personally, I don't trust this any more until I get it...
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