insbaby
09-22 10:15 AM
I was in a consulting field with employer taking 30% and me getting 70%.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.
If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.
If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.
You have to check with experts, whether this additional benefits are employer's responsibility.
As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.
All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.
Just go with a decision that benefits you without much trouble.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.
If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.
If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.
You have to check with experts, whether this additional benefits are employer's responsibility.
As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.
All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.
Just go with a decision that benefits you without much trouble.
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thomachan72
10-04 02:50 PM
I don't think so, only Green cards and citizens are charged on world wide income.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
lost_in_gc_land
01-31 01:18 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
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Chiwere
01-14 11:15 AM
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
I think the problem is with the Letter provided by the colleague. USCIS might be looking for a letter from Company B on the lines of that from A.
Just Resending the letters as-is might not work- my 2paise.
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
I think the problem is with the Letter provided by the colleague. USCIS might be looking for a letter from Company B on the lines of that from A.
Just Resending the letters as-is might not work- my 2paise.
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GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
visli_com
06-19 05:58 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Is it possible to give these medical certificate(MMR/Varicella) from India?
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Is it possible to give these medical certificate(MMR/Varicella) from India?
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lalitjain2002
04-14 11:22 PM
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
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eb2_immigrant
09-16 02:35 PM
I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.
Do not wait for USCIS to make decisions.
Do not wait for USCIS to make decisions.
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raysaikat
02-18 01:37 AM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
Any unused visas are allocated to retrogressed countries in the last quarter of each year. That's why a country may get more than $10K visas.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
Any unused visas are allocated to retrogressed countries in the last quarter of each year. That's why a country may get more than $10K visas.
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immi_enthu
09-28 05:05 PM
That's the reason why they are now changing the receipt date to September even if you filed on July 2nd..
I think this is just their way of saying......give us another month.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.
I think this is just their way of saying......give us another month.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.
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psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
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Saralayar
07-31 05:53 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.
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linuxra
02-18 09:56 PM
what can i do with my EAD then?
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
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EndlessWait
05-24 01:56 PM
i suggested this idea to IV few times.. The only way ppl seem to get attention here is when you show unity and boycott.
But quite honestly, the way Indians are, its hard to get them together. We have never been able to unite desis on any issue since independence ;)
But quite honestly, the way Indians are, its hard to get them together. We have never been able to unite desis on any issue since independence ;)
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mdmd10
08-03 01:31 PM
My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.
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chanduv23
03-14 08:44 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
more...
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mheggade
05-08 03:15 PM
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Well I agree that professional modeling work is lot harder than it appears.
<sarcasm> And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.</sarcasm>
Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".
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neelu
12-13 11:33 PM
Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
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averagedesi
08-29 09:14 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
sundevil
06-14 05:14 PM
The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
greenleaf81
10-31 09:21 PM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
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