simple1
05-01 11:54 AM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
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kawosa
08-31 07:34 PM
Congrats.. You made it
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
akhilmahajan
02-09 11:28 PM
Thanks a lot us_employee.
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
Grand Total - $819
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Made $20.00 contribution just now through Paypal.
Unique Transaction ID #7HY45972ES075991A
2011 golden temple vellore
techbuyer77
06-18 06:45 AM
me too
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TheOmbudsman
10-25 11:24 AM
As far as I know there is no such arranged compromise. In my personal opinion, the tendency is that the Republicans will attempt to stall everything they can and "do the same" to Dems. Here is an expert opinion. I am sorry if that doesn't sound optmistic.
From Ed Rollins, former White House policy director:
ED ROLLINS: My sense today is we've got to do something short-term to stop the problem. But as we sit here today, my feeling is that no matter what happens in this election, there's not going to be big enough margins on either side to move the Congress in any way, shape or form to solve these critical problems.
And I would hope that the two parties do something they haven't been able do for the last dozen years, and that's sit down and say, all right, neither of us can move or address any of these issues. And why can't we come together and why can't we face up to some of these very significant issues, like Social Security, like education, like health care and come up with a compromise?
Because Democrats aren't going to have enough votes, even if they win back the Congress, and Republicans certainly aren't going to have enough votes if they win the Congress. And we can't have another two years or four years of this chaos.
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
From Ed Rollins, former White House policy director:
ED ROLLINS: My sense today is we've got to do something short-term to stop the problem. But as we sit here today, my feeling is that no matter what happens in this election, there's not going to be big enough margins on either side to move the Congress in any way, shape or form to solve these critical problems.
And I would hope that the two parties do something they haven't been able do for the last dozen years, and that's sit down and say, all right, neither of us can move or address any of these issues. And why can't we come together and why can't we face up to some of these very significant issues, like Social Security, like education, like health care and come up with a compromise?
Because Democrats aren't going to have enough votes, even if they win back the Congress, and Republicans certainly aren't going to have enough votes if they win the Congress. And we can't have another two years or four years of this chaos.
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
more...
Navkcl
10-01 10:18 AM
Except EAD checks, cashed all other checks on 9/20/2007(FP,485, AP and I have the receipt numbers). Does any body have similar issue...?
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
What should I do now? Wait some more time...?
I cantacted my attoerny he said wait some time....
Thanks
Kumar
2010 Sripuram Golden Temple Vellore
Mehul
11-21 03:03 PM
And what should the person/family do right now?
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
more...
immig4me
02-28 09:08 AM
Good to see members coming forward with donations!
hair Narayanee Amma Golden Temple,
h1techSlave
02-02 04:14 PM
Since we are in a fighting mood, I will throw some fuel to the fire :) :)
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
more...
xyzgc
09-25 10:50 PM
I am enraged.
We Indians deserve to be waiting forever without Greencard.
This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.
So EB3 indians are idiots?:D
We Indians deserve to be waiting forever without Greencard.
This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.
So EB3 indians are idiots?:D
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GCBy3000
05-03 05:12 PM
With Sen Cornyn Bill, I do not think PD should be current to file AOS.
more...
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simple1
05-01 03:27 PM
I repeat to avoid misunderstanding.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
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Sri_1975
08-31 01:49 PM
No Recipts yet..:)
more...
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Ramba
07-10 02:11 PM
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
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GCStatus
09-16 04:36 PM
http://www.immigration-information.com/forums/showthread.php?t=5701
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.
more...
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anzerraja
07-19 09:00 PM
Thanks !
Count me in for $100 for reimbursement.
One time contribution $100 to IV earlier in the month.
Thanks to IV core and members for all the organized effort! Did my small part by joining SJ rally and dragging along 4 others.
Count me in for $100 for reimbursement.
One time contribution $100 to IV earlier in the month.
Thanks to IV core and members for all the organized effort! Did my small part by joining SJ rally and dragging along 4 others.
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wait4ever
08-10 11:38 AM
Do USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.
Folks a quick question -
Did all of you get the I-485 approval notice at home OR did it go to your lawyer ?
I know that the card itself come to the home address -
Thanks
Folks a quick question -
Did all of you get the I-485 approval notice at home OR did it go to your lawyer ?
I know that the card itself come to the home address -
Thanks
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NKR
04-23 09:26 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
senthil1
07-28 01:20 PM
Problem is not with compaign to get more spill over visa for EB3. Can you impress USCIS/DOS to get this done. What support EB3 has outside(like companies,lawyers) for this compaign. EB2 supposed to have more skills than EB3 according to DOS/USCIS. So if you argue that EB3 and EB2 are same then they will not accept it. If you impress somehow they will just investigate the entire EB process and try to find the truth. That time many other issues may come up.
Also if many persons think that EB2 and EB3 are the same level then it makes sense to combine both and add the numbers. Will it be possible? Point system will resolve these issues but that also was not welcomed by most IV members when last CIR was in discussion
Anyhow if all EB3 persons send a letter to DOS/USCIS EB2 persons are not going to prevent it. But wordings in the letter should be careful such that it should not create a problem for entire EB process.
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
Also if many persons think that EB2 and EB3 are the same level then it makes sense to combine both and add the numbers. Will it be possible? Point system will resolve these issues but that also was not welcomed by most IV members when last CIR was in discussion
Anyhow if all EB3 persons send a letter to DOS/USCIS EB2 persons are not going to prevent it. But wordings in the letter should be careful such that it should not create a problem for entire EB process.
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
sina
08-26 11:02 AM
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?
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