snathan
02-15 11:14 AM
I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
what is the RFE for...?
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
what is the RFE for...?
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reachag
05-24 01:06 PM
Sent
knnmbd
01-24 08:50 PM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
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thescadaman
12-10 10:06 AM
I knew that slowly the antis are gaining more and more strength as a result the noose is getting tighter and tighter around us (and will eventually reach our neck). I didn�t expect this fast:
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
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DCQC
09-21 01:29 PM
Can someone tell me if USCIS is sending EAD cards to home address or to the lawyers? Response appreciated...Thanks!
sen_raju
05-25 06:37 PM
Maybe USCIS loves me.
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
congradulations raju.
the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm
I have a friend whose priority date is March 2005 and he got his GC in Aug 2008.
congradulations raju.
the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm
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gcformeornot
06-21 06:40 PM
^^^^^^^^^^^^^^^^
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vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
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GCchakravyuh
08-24 12:03 PM
from the day of check encashment,
when do we expect EAD in mail
when do we expect receipt
when do we expect AP
when do we expect EAD in mail
when do we expect receipt
when do we expect AP
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chandrajp
08-24 10:29 AM
NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
more...
drirshad
02-23 05:29 AM
http://hammondlawgroup.blogspot.com/
Thursday, February 22, 2007
TEXT OF SEN. COLEMAN'S RNPA
Sen. Coleman has formally introduced the Rural Nursing Promotion Act. The text of the bill now has been published on THOMAS, and be found by searching for Bill Number S. 646. As expected the bill includes a provision to make Schedule A occupations exempt from the general Employment Based visa quota.
Thursday, February 22, 2007
TEXT OF SEN. COLEMAN'S RNPA
Sen. Coleman has formally introduced the Rural Nursing Promotion Act. The text of the bill now has been published on THOMAS, and be found by searching for Bill Number S. 646. As expected the bill includes a provision to make Schedule A occupations exempt from the general Employment Based visa quota.
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ronhira
09-23 02:23 PM
What do you think we should expect from a president who is "socially conservative" and "fiscally liberal".
I expected Obama to be another FDR, but I now feel he is very far from being FDR.
FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?
previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......
lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....
this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?
@ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......
after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......
I expected Obama to be another FDR, but I now feel he is very far from being FDR.
FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?
previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......
lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....
this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?
@ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......
after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......
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gdilla
04-20 05:46 PM
Well, we can keep the org name as IV, and just start a campaign with a better name (with descriptive URLs) without worrying about the overhead of changing registrations, etc.
There are some good points here, "ImmigrationVoice" sounds very broad and comprehensive. Most American's have never even heard of employment based immigration. Furthermore, they don't see what the problem is with H1Bs - they figure, why are you complaining, you are here in the glorious USA, you should be thankfull and happy.
Anyway, some better branding on our part with campaigns can serve the same purpose as a fullblown name change. For example, the campaign could be called: "Competitive Immigration", and it's derivatives. "Innovation America", like CompeteAmerica which has a great name. Also, "Keep America on Top" or KAT, just spewing ideas that come to mind.... and emphasize the need to keep and attract bright minds to America - or else they will compete with us offshore.
So, let's think about hatching campaigns - like a Google AdWord Campaign, for example, and we'll name those campaigns much more purposely and descriptively. And we still get to keep the IV name as the sponsor. Just a thought.
There are some good points here, "ImmigrationVoice" sounds very broad and comprehensive. Most American's have never even heard of employment based immigration. Furthermore, they don't see what the problem is with H1Bs - they figure, why are you complaining, you are here in the glorious USA, you should be thankfull and happy.
Anyway, some better branding on our part with campaigns can serve the same purpose as a fullblown name change. For example, the campaign could be called: "Competitive Immigration", and it's derivatives. "Innovation America", like CompeteAmerica which has a great name. Also, "Keep America on Top" or KAT, just spewing ideas that come to mind.... and emphasize the need to keep and attract bright minds to America - or else they will compete with us offshore.
So, let's think about hatching campaigns - like a Google AdWord Campaign, for example, and we'll name those campaigns much more purposely and descriptively. And we still get to keep the IV name as the sponsor. Just a thought.
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fromnaija
02-21 11:59 AM
what is EVL ?
Employment Verification Letter.
Employment Verification Letter.
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Legal
05-30 03:16 PM
when you say you don't understand.I just don't understand one basic question.
It is called vote bank politics. Boost number of Hispanic voters. In the short term current Hispanic US citizens will massively favor democrats. In the long term (read 10 yrs) 12 million hispanic democrats. Justice, fairness etc have no role here. :eek:
It is called vote bank politics. Boost number of Hispanic voters. In the short term current Hispanic US citizens will massively favor democrats. In the long term (read 10 yrs) 12 million hispanic democrats. Justice, fairness etc have no role here. :eek:
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nt07
11-07 08:04 PM
I am in a similar situation. My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, from the previous post I understand that one needs to be present in the US to renew EAD and AP. My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, from the previous post I understand that one needs to be present in the US to renew EAD and AP. My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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jsb
07-24 08:48 AM
Thanks JSB, I will try getting Infopass although I have tried it earlier but to no use. They do not give any info excepting "wait for your priority date to become current"
bsbawa10. Hope your case gets attention. You have been around for a long time with Apr04 PD.
You might want to review section pertaining to determination of processing center in the I-485 Operating Procedures. There is a detailed protocol to determine this, and if they find it to be at wrong center, they transfer it to what they believe it should have been. There may be some ambiguous areas due to changes in jurisdictions by USCIS after your I-140 approval, modified process, or your moving from one state to another. In any case take an Infopass, and ask if you can provide additional information related with your case shuffling between centers. As you know, first hurdle to cross is to see that a center has accepted your case for processing. Best...
bsbawa10. Hope your case gets attention. You have been around for a long time with Apr04 PD.
You might want to review section pertaining to determination of processing center in the I-485 Operating Procedures. There is a detailed protocol to determine this, and if they find it to be at wrong center, they transfer it to what they believe it should have been. There may be some ambiguous areas due to changes in jurisdictions by USCIS after your I-140 approval, modified process, or your moving from one state to another. In any case take an Infopass, and ask if you can provide additional information related with your case shuffling between centers. As you know, first hurdle to cross is to see that a center has accepted your case for processing. Best...
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yabadaba
07-13 12:52 PM
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manojp4
07-19 04:20 PM
First of all let me congratulate and thank IV for working tirelessly to bring about this huge benefit for most folks stuck in the green card mess. I have always believed in IV and its power to move mountains. However, in the midst of all this rejoicing, let's not forget a certain class of IV members who will not be able to take advantage of this recent benefit for all practical purposes. I am talking about the folks who are currently single and will not be able to file for their (future) spouse before Aug 17. It seems to me that the best thing that IV can do to bring relief to these folks is to lobby for and effect legislation to exclude dependents from the visa cap, i.e let dependents (or at least spouse) to file for I-485 even when priority dates are not current. I believe this single piece of legislation (if we can make that happen) will have a big effect on the entire community, because that will free up that many visa numbers that would otherwise have been used up, and let folks get their GCs faster (even if they are happy with their EADs and APs). Can IV focus on this front please ?
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
rakesh_one
11-19 01:21 PM
I guess when it comes to GC processing, NOTHING is really "wrong" is it? If you get a chance to work around and beat the long lines, I guess "It's all good". Some people are lucky that they get a chance to get Labor Sub, some ppl marry the GC and some ppl like the rest of us wait in line like "honest citizens".
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
Positive way of looking at things..
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
Positive way of looking at things..
immivjj
10-03 01:26 PM
Hi,
I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.
I'm sorry if this question sounds trivial, what is LUD? My FP was done on Sep 19 and I checked the uscis website today using my i-485 receipt #. I don't see any update. Please let me know.
