dilbert_cal
04-05 11:36 PM
I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.
Thanks anyway for your reply.
I gave you a thumbs up for accepting that it was unnecessary starting this thread. What you did is something that is completely missing on this forum - a little bit of humility would be so nice out here.
Thanks anyway for your reply.
I gave you a thumbs up for accepting that it was unnecessary starting this thread. What you did is something that is completely missing on this forum - a little bit of humility would be so nice out here.
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krishnam70
02-15 12:57 PM
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
immigrant2007
08-20 12:41 AM
Mil gaya to nariyal phodunga... bas aur kya bolu?
(If I get it, I will break a coconut, what else can I say?)
Amen
(If I get it, I will break a coconut, what else can I say?)
Amen
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inspectorfox
10-16 11:39 AM
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.
more...
Pegasus503
02-11 02:13 PM
Guys/Gals,
Please predict about eb3 ROW movement as well.
When do you think it will move to 2004 APR?
Here's the ROW EB3 history
Visa Bulletin date
Apr-05 c
May-05 c
Jun-05 c
Jul-05 u
Aug-05 u
Sep-05 u
Oct-05 1-Mar-01
Nov-05 1-Mar-01
Dec-05 15-Mar-01
Jan-06 1-Apr-01
Feb-06 22-Apr-01
Mar-06 1-May-01
Apr-06 1-May-01
May-06 1-May-01
Jun-06 1-Jul-01
Jul-06 1-Oct-01
Aug-06 1-Oct-01
Sep-06 1-Mar-02
Oct-06 1-May-02
Nov-06 1-Jul-02
Dec-06 1-Aug-02
Jan-07 1-Aug-02
Feb-07 1-Aug-02
Mar-07 1-Aug-02
Apr-07 1-Aug-02
May-07 1-Aug-03
Jun-07 1-Jun-05
Jul-07 1-Jun-07
Aug-07 1-Jul-07
Sep-07 1-Aug-02
Oct-07 1-Aug-02
Nov-07 1-Aug-02
Dec-07 1-Sep-02
Jan-08 15-Oct-02
Feb-08 1-Nov-02
Please predict about eb3 ROW movement as well.
When do you think it will move to 2004 APR?
Here's the ROW EB3 history
Visa Bulletin date
Apr-05 c
May-05 c
Jun-05 c
Jul-05 u
Aug-05 u
Sep-05 u
Oct-05 1-Mar-01
Nov-05 1-Mar-01
Dec-05 15-Mar-01
Jan-06 1-Apr-01
Feb-06 22-Apr-01
Mar-06 1-May-01
Apr-06 1-May-01
May-06 1-May-01
Jun-06 1-Jul-01
Jul-06 1-Oct-01
Aug-06 1-Oct-01
Sep-06 1-Mar-02
Oct-06 1-May-02
Nov-06 1-Jul-02
Dec-06 1-Aug-02
Jan-07 1-Aug-02
Feb-07 1-Aug-02
Mar-07 1-Aug-02
Apr-07 1-Aug-02
May-07 1-Aug-03
Jun-07 1-Jun-05
Jul-07 1-Jun-07
Aug-07 1-Jul-07
Sep-07 1-Aug-02
Oct-07 1-Aug-02
Nov-07 1-Aug-02
Dec-07 1-Sep-02
Jan-08 15-Oct-02
Feb-08 1-Nov-02
doceb2
03-24 07:29 PM
hey coopheal
do yo know what the RFE is about
thks
do yo know what the RFE is about
thks
more...
WeShallOvercome
08-16 03:30 PM
One way to get reciept notice or anything else for that matter is to file G-28 and change attorney on record. Second would be to file for Freedom of Information Act (FOIA) and asking for all the records. Here what I gathered from Murthy Chat
Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?
Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.
BumbleB
BumbleB,
Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.
How much time does FOIA take?
Thanks
Chat User : When the employer sponsors and retains the I-485 receipt without processing the EAD/AP, can an individual apply for an EAD mentioning the receipt number without jeopardizing GC processing?
Attorney Murthy : Yes, a person may file the EAD with just the receipt number on the Form I-765 without jeopardizing the I-485 processing. The EAD and AP are merely incidental benefits and are not directly connected with the I-485 processing or adjudication.
BumbleB
BumbleB,
Even if I can apply for EAD/AP, will I be able to change employer using AC21 without the receipt notice? Using G28 may not be an option before 6 months as the current lawyer is hired and paid by the employer.
How much time does FOIA take?
Thanks
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amar123
08-04 10:18 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
more...
rk07
09-20 10:16 PM
Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
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wandmaker
07-15 05:18 PM
Look at the text on the service center status page!
https://egov.uscis.gov/cris/jsps/Processtimes.jsp
It says Invalid Processing Dates!
Here is the right URL - https://egov.uscis.gov/cris/jsps/ptimes.jsp
https://egov.uscis.gov/cris/jsps/Processtimes.jsp
It says Invalid Processing Dates!
Here is the right URL - https://egov.uscis.gov/cris/jsps/ptimes.jsp
more...
felix31
04-09 04:18 PM
First of all, ethnicity has nothing to do with hard cap.
Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.
Logic,
please be more accurate. Rest of the world in EB1 and 2 are the only categories that are current ..
Rest of the world EB3 folks are heavily retrogressed to 2001 as everyone else..
Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.
Logic,
please be more accurate. Rest of the world in EB1 and 2 are the only categories that are current ..
Rest of the world EB3 folks are heavily retrogressed to 2001 as everyone else..
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CHHAYA
08-17 09:21 AM
I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.
more...
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skd
08-22 11:40 AM
It seems like except for one or two people here, individuals who have applied directly at TSC on 2nd July are getting their checks cashed/receipts this week.
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Mine was applied directly to TSC and I am still, waiting
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Mine was applied directly to TSC and I am still, waiting
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Pagal
03-22 09:51 AM
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
more...
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geniousatwork
03-31 05:09 PM
Done. Thanks.
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go_guy123
01-30 01:08 AM
against the mouse, press it against your forehead and think about the benifits that you milked from this country".
Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
from US
Rest who were working on H1B paid all the taxes same as any american and
got no returns for it.
A whole lot of people milked from "H1B" workers
As a matter of fact H1B worked for far lower wages than the market forces
would decide thereby keeping the cost of IT infrastructure support for the
financial services, insurance, retail etc low just as mexicans work for
below min wages to keep the cost of maintaining the infrastructure low.
Corporate America knows this and thats why they always shout for H1B
shortage , they NEVER shout for EB visa shortage or just do a lip service
because it looks bad.
Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
from US
Rest who were working on H1B paid all the taxes same as any american and
got no returns for it.
A whole lot of people milked from "H1B" workers
As a matter of fact H1B worked for far lower wages than the market forces
would decide thereby keeping the cost of IT infrastructure support for the
financial services, insurance, retail etc low just as mexicans work for
below min wages to keep the cost of maintaining the infrastructure low.
Corporate America knows this and thats why they always shout for H1B
shortage , they NEVER shout for EB visa shortage or just do a lip service
because it looks bad.
more...
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looivy
07-14 05:54 PM
Excellent sanju...CNN is FOX News in a closet. There is no independent media left anymore.
Larry King pushed Michael Moore schedule to cover Paris Hilton interview. That shows their committment to quality news.
I will do the same.
A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.
Larry King pushed Michael Moore schedule to cover Paris Hilton interview. That shows their committment to quality news.
I will do the same.
A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.
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Pineapple
04-04 10:00 PM
I totally agree with the majority opinion here.
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
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Gravitation
12-16 01:24 PM
Probably a dumb question which was answered before in some other thread.. but just so that I understand better:
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
piyu7444
04-23 02:09 AM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it
I think using AC21 does not imply that 485 will be denied. In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa.......... For using AC21 just make sure that:
140 is approved Your GC sponsor will not revoke 140Your GC job description and new EAD job description are same or similar (title does not matter) . ONet code for both the jobs match. If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485. Hope this helps and people who got scared does not gives me red dots for speaking aloud.
Support IV and make the difference for yourself and everyone else in the immigrant community.
I think using AC21 does not imply that 485 will be denied. In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa.......... For using AC21 just make sure that:
140 is approved Your GC sponsor will not revoke 140Your GC job description and new EAD job description are same or similar (title does not matter) . ONet code for both the jobs match. If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485. Hope this helps and people who got scared does not gives me red dots for speaking aloud.
Support IV and make the difference for yourself and everyone else in the immigrant community.
diptam
07-10 09:05 PM
Dont think negative !!! THINK always that it will be true.
The LAWSUIT has immense WINNING POTENTIAL.... Instead of losing in court of law and make that a NEWS in major mainstream media GOVT agencies wrap up mistakes in this way. This method works everywhere , so that the noise level remains low.
As the lawsuit progress they may offer Financial compensation ... anything can happen if you can Prove that you have been beaten financially for a wrong announcement... I mean if you can show receipts between June 13th and June 30th and that document is a requisite in 485 application anyone can claim compensation ...
That's how american JUSTICE system works for citizens ........
Bad roumors become true - not good ones :rolleyes:
The LAWSUIT has immense WINNING POTENTIAL.... Instead of losing in court of law and make that a NEWS in major mainstream media GOVT agencies wrap up mistakes in this way. This method works everywhere , so that the noise level remains low.
As the lawsuit progress they may offer Financial compensation ... anything can happen if you can Prove that you have been beaten financially for a wrong announcement... I mean if you can show receipts between June 13th and June 30th and that document is a requisite in 485 application anyone can claim compensation ...
That's how american JUSTICE system works for citizens ........
Bad roumors become true - not good ones :rolleyes:
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