bkam
04-13 09:58 PM
By the way, friends, I stay behind my words. Last year my family and I started working on "plan B" and when time comes, we will move out of the US after 6-7 years chasing of a mirage. Of course, if the GC mess here miraculously improves we would stay but I must be crazy to really believe that.
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
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brb2
10-06 03:21 PM
desibechara
I empathize with your position. I think when one door closes other windows open up. 10 years from now, you may feel that this was the best thing that happened to you - going to Canada. Your son is a USC, so he can come back anytime he wants. Best wishes in any case.
well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..
I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...
Anyway that is all for now
desibechara
I empathize with your position. I think when one door closes other windows open up. 10 years from now, you may feel that this was the best thing that happened to you - going to Canada. Your son is a USC, so he can come back anytime he wants. Best wishes in any case.
well..I have been waiting for my labor certifcation to get certfied for too long. just after Sep 11 I applied both for US GC and Canadian PR. My wife also applied for her GC. meanwhile her GC moved to regional when suddenly DOL thought it was time to regroup and there it went into BPC. In the meantime we got canadian PR some 2 years ago but we did not move thinking that we have jobs here.Then she got pregnant and lot of complications ( premature labor) and during those complications her company got acquired by another bigger firm who thought they don't need her..and result was job loss plus GC into the trash....meanwhile my labor certification even after 5 years was still sleeping in EB3 category(PD Oct, 2001) when i still have Masters( god knows why my lawyer put into that category)..Now my canadian PR was set to expire in march, 2007..so I thought i should decide fast..and i applied for jobs..and I got offer in vancouver with moving expenses paid from califronia..It has been the toughest decision because my employer is Indian here in california..and I have had good growth(10% average) but not the way I had wanted..I guess he also exploits..Indian exploiting another Indian..because they know I am not going anywhere..plus we work hard.. I asked him to match what was being offered in vancouver..and he started converting CAD into USD..well..it is not fair..So I have decided to heck with US and the Employer..and move on...at least I can come back..it is not an easy move because my son being premature child had lot of free facilities in california..hopefully he will get the same in Vancouver until he gets to 3 years ..and then it stops..
I have been in this country too long..and I guess one should settle down rather just wait for them to give GC...reading the other post about one lady whose EAD card got expired just tells me that how inconsistent this GC process can be and right until the end...
Anyway that is all for now
desibechara
nozerd
08-07 01:49 PM
I am an EB3 India applicant with a PD of August 2001. Cant file I 485 due to retro so cant get AP or EAD for spouse. I am currently in 7th yr of H1 and will soon be applying for 3 yr extension for 8,9,10 th yr based on approved I 140.
I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.
Here are some advantages to this.
1) You keep your H1 B visa, and US Salary.
2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
4) Spouse can work in Canada and keep H4 also.
5) Can continue GC process without loss of security.
6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
7) Once you get GC you can always move back to US.
Disadvantages
1) Crossing border each day (normally not an issue but border gets busy on some days).
2) Paying Canadian income tax.
3) Only possible if you get transfer to Detroit or new job there.
4) If you own home etc or your wife is studying etc you may have to live separately for some time.
Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
Any insights anyone can share ? This may be good option in many cases.
Thanks
I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.
Here are some advantages to this.
1) You keep your H1 B visa, and US Salary.
2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
4) Spouse can work in Canada and keep H4 also.
5) Can continue GC process without loss of security.
6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
7) Once you get GC you can always move back to US.
Disadvantages
1) Crossing border each day (normally not an issue but border gets busy on some days).
2) Paying Canadian income tax.
3) Only possible if you get transfer to Detroit or new job there.
4) If you own home etc or your wife is studying etc you may have to live separately for some time.
Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
Any insights anyone can share ? This may be good option in many cases.
Thanks
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chanduv23
09-21 06:29 AM
I did not feel like signing along for two reasons: we are not US citizen yet, and I consider myself citizen of the world and will always be. I do not aspire to become citizen of the United States of America.
Even when Americans sang their national anthem in a church, I felt not right. Churches are not supposed to be linked to states. There should be no country boundary with in the Christian world.
There should be no country boundary within the world we want to be build either. If the United States go to war with your country of birth, who will you side with? Will the United States trust you?
You have a point - yes, we are all different nationalities, as a matter of fact we even waved the American Flags.
The only reason I can see is - we have embraced America. Here we are fighting a political battle and we do not even have the right to vote.
Even when Americans sang their national anthem in a church, I felt not right. Churches are not supposed to be linked to states. There should be no country boundary with in the Christian world.
There should be no country boundary within the world we want to be build either. If the United States go to war with your country of birth, who will you side with? Will the United States trust you?
You have a point - yes, we are all different nationalities, as a matter of fact we even waved the American Flags.
The only reason I can see is - we have embraced America. Here we are fighting a political battle and we do not even have the right to vote.
more...

gcpuzzle
09-19 03:52 PM
Awesome, ur IV family appreciate you. Folks like you are inspiration to all of us.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
sareesh
08-04 10:43 AM
I want to start a new EB2 application but my manager is not willing. Actually, my labor is MS + 2 years but my attorney thought my I-140 will get rejected since I have included 1 month of internship in those 2 years of experience. I have masters + over 8 years of progressive experience. Working in the position over 6 years. Not blaming anyone just ranting because I don't want to change jobs now.
Thanks,
SG.
Thanks,
SG.
more...

file485
02-28 02:04 PM
I spoke to 2 attorneys...we just cant trust them..it will be finally we who will get screwed big time..
1 said, we can get an RFE asking for the latest i94.
2nd said...in the worst case senario..we will get the H1 issued without the i94..which means that we have to back to home country for H1 stamping..that will be a nightmare in Madras in my case..!!
1 said, we can get an RFE asking for the latest i94.
2nd said...in the worst case senario..we will get the H1 issued without the i94..which means that we have to back to home country for H1 stamping..that will be a nightmare in Madras in my case..!!
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WeShallOvercome
08-24 03:49 PM
Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..
more...
GC_Waiter_2000
07-12 12:33 PM
BTW, When do we expect the VB for AUG? It is almost 2:00 PM EST :mad:
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langagadu
06-04 07:41 AM
Why are you jealous. Seems like he is qualified for EB-2 and applied it.
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
Buddy, I am in the same situation with an American company for which I am working since 2002. I applied in EB-3 (at that time per the job requirements). Company is ready to promote me but I am not accepting due to my EB-3. They decided to file labor for the future job which comes under EB-2. They filed it and waiting for approval.Once I get labor and 140, yes I will use EB-2 and take the promotion. How is this become an abuse, can you expalin? In my view if you get an offer for the future job in EB-2 category and not use that opportunity then that is called abusing yourself not the law.
What's wrong there other than making some people jealous.
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
more...
kumar_77
06-19 07:14 PM
Thanks for the update ...
Mailed my state chapter ..no reply yet :(
Mailed my state chapter ..no reply yet :(
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zilmax007
08-21 12:27 PM
RN received on today from TSC
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
PD: 8/2006
LC Approved: 9/2006
EB2 140 Approved: 10/2006
485 filed on 7/2 @ TSC
RN 7/2
ND 8/13
more...
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eb3India
04-20 10:01 PM
how about www.taxpayinghandcuffededucatedslaves.org
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angelfire76
12-14 01:49 PM
I did not like the idea of getting a red dot inspite of contributing $500 to IV. This is not a good idea of IV to flag members. I will take this up with my state chapter.
Member of North California
Speak about buying reputation. I'm sure your 1st Amendment rights are not being violated. The other members are just exercising their rights too. :D
Maverick1 asked a very simple question: Why "upgrade" to EB1 when you think your country is all so hunky dory?
It's a good alternative but the question is : Is it the best alternative? I think the least we can do is be honest with ourselves. :rolleyes:
Member of North California
Speak about buying reputation. I'm sure your 1st Amendment rights are not being violated. The other members are just exercising their rights too. :D
Maverick1 asked a very simple question: Why "upgrade" to EB1 when you think your country is all so hunky dory?
It's a good alternative but the question is : Is it the best alternative? I think the least we can do is be honest with ourselves. :rolleyes:
more...
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TheCanadian
04-03 07:46 PM
Scythe - that would mean that the three tied entries would get around $85 dollars (150+100 divided by 3), and that seems a bit unfair considering second place is $150 and third place is $100.
I'll get the poll up right now. It took me a little longer than expected because Temp poked me in the eye with his poke.
:P
Technically this is a tie for third, not first. So all of the first, second and third prize money could've been combined and split between the three tied entries.
But run-offs are better anywho.
I'll get the poll up right now. It took me a little longer than expected because Temp poked me in the eye with his poke.
:P
Technically this is a tie for third, not first. So all of the first, second and third prize money could've been combined and split between the three tied entries.
But run-offs are better anywho.
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eager_immi
01-25 10:24 AM
Do you have a better way of increasing contribution?
Anyways anyone can check people's contribution by looking through all the posts made by a user by clicking on "find all posts by user". It is possible but requires little bit of digging.
It does not do any good. In my opinion.
Anyways anyone can check people's contribution by looking through all the posts made by a user by clicking on "find all posts by user". It is possible but requires little bit of digging.
It does not do any good. In my opinion.
more...
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mhathi
08-14 03:38 PM
From VB
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
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krishna.ahd
02-16 05:05 PM
Let me get the Green Card First , say probably within decade , then we will talk about this
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anemmani
05-08 10:22 AM
Cobra,
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
ras
05-22 06:09 PM
I just talked to an attorney. He said that if there is a long gap, your H1 may be approved but with out extension of stay (no I-94) and that I may have to go for visa stampling in the consulate in India. As I already have 1.5 years on h1, I was told that it doesn't go thru the cap. some one mentioned in the thread, that once you use EAD, and if u were to get H1 it would be under cap. I am not sure which one is correct.
loti_GC
04-27 12:45 PM
The instructions will provide you with an (800) number to call to make an appointment to go to the nearest Application Support Center (ASC) to have your INDEX PRINT AND PHOTO TAKEN. PLEASE CALL IMMEDIATELY AND MAKE AN APPOINTMENT. When you call the (800) number, please select the FINGERPRINTING OPTION.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
Above instructions are not correct anymore. You will be sent a letter for ASC appointment, you don't need to call.
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