java4yogi
08-18 03:00 PM
After reading lots of forums contributors, my 2 cents :
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
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ArkBird
09-09 08:08 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...
h1bmajdoor
09-30 12:59 PM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
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Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
more...
nixstor
08-19 07:15 AM
Guys,
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
abq_gc
08-18 02:13 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
more...
ponvas
10-09 12:23 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
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shreekarthik
10-09 09:57 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
what are u comparing man. Weather forecast involves super computers. USCIS cannot even tell properly how many applications are delayed across what category. 2 months have passed priority dates have not moved at all. why ? USCIS is still trying to arrange all the 485s in ascending order of PDs. But every day FBI clears some amount of name checks. No one can predict what PDs those ones have. So just when USCIS thinks it has reordered everything FBI dumps some more. Now USCIS has to again reorder.
more...
reddymjm
05-05 04:39 PM
Even USCIS does not know that yet?
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ksiddaba
07-10 07:52 AM
An immigration voice member from DC area must do to the USCIS office to see what's happening to the flowers and take a few pictures while he/she is there.
more...
niraja74
04-09 05:05 AM
I searched my case on FLC data center and found following for my LC approval
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
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kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
more...
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mahujam
08-04 12:16 PM
Just got email. No card yet.
Current Status: Card production ordered.
On July 26, 2008, we ordered production of your new card
update:
Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
The lud happened on 7/27/2008.
I got my card today.
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
Current Status: Card production ordered.
On July 26, 2008, we ordered production of your new card
update:
Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
The lud happened on 7/27/2008.
I got my card today.
It starts on the next day of my old cards expiry date.
Validity is for one year only though.
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kg318
04-24 08:10 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
more...
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Ramba
07-09 01:09 PM
Any suggestions?
Working on EAD for a short time, even in a different occupation, with 1099 is not an issue. However, this will not satisfy the requirement for 485 approval. You must have a valid fulltime, permanant job offer in the same or related occupation at the time of 485 approval as well as when they issue a RFE regarding your employment.
Working on EAD for a short time, even in a different occupation, with 1099 is not an issue. However, this will not satisfy the requirement for 485 approval. You must have a valid fulltime, permanant job offer in the same or related occupation at the time of 485 approval as well as when they issue a RFE regarding your employment.
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h1-b forever
08-31 09:35 AM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
more...
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gc_on_demand
05-08 03:08 PM
If I contribute will IV make EB2 unavailable?
When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
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hiUS
09-03 10:29 AM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
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gclongwaytogo
10-09 03:20 PM
Checks not cleared....No receipt. Nothing:mad::(:confused::(:mad:
intheyan
08-12 02:30 PM
Is it a mandatory process to do a walk in for ADIT processing or is it ok to wait for a while to receive the physical Green card? Again thanks in advance for your valuable replies
That helps a lot.
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
That helps a lot.
Here is some more information I got from murthy's forum.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1201040261
rajuseattle
09-12 03:18 PM
My I-140 was filed electronically and then it was transferred over to TSC for processing.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
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