Ann Ruben
03-19 03:21 PM
There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
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gbof
09-01 04:11 PM
Congrats to you....I am still waiting.
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
saps
11-06 03:53 PM
How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
2011 Happy Birthday Wishes For
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
more...
kumarc123
11-06 01:57 PM
[QUOTE=gc_on_demand;300813]http://money.cnn.com/2008/11/06/news/economy/new_day_on_Capitol_Hill/index.htm
Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..
Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..
Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.
Please post yout thoughts.[/QUOTE
Not a bad idea, we can request for increase in the availability of green card numbers, as their are a lot of immigrants who are waiting to be potential home buyers, only obstacle in their path is a lack of green card.
Well we can come with a list of some senators we can call, and send numerous fax letters to Pelosi's office. How about we call and send a fax our degree copy and our letter.
Guys this is our golden chance, I request you all to please treat this matter with assertiveness.
Thanks
Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..
Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..
Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.
Please post yout thoughts.[/QUOTE
Not a bad idea, we can request for increase in the availability of green card numbers, as their are a lot of immigrants who are waiting to be potential home buyers, only obstacle in their path is a lack of green card.
Well we can come with a list of some senators we can call, and send numerous fax letters to Pelosi's office. How about we call and send a fax our degree copy and our letter.
Guys this is our golden chance, I request you all to please treat this matter with assertiveness.
Thanks
gimme_GC2006
03-25 09:23 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
more...
vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
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evildead
01-25 07:23 PM
do you know the reason why it was rejected (i140 I mean)
more...
Sunx_2004
07-06 10:58 AM
Can someone please provide the format of the affidavit.
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
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kirupa
11-09 02:55 AM
Ah thanks for that reminder. I somehow completely skipped over both of them!
more...
sircaustic
07-24 08:49 AM
so should I be answering "Yes" to all three questions? No sure if that would be correct though...
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ggyro
07-12 06:13 PM
Forgive me if this post does not belong here (this is the first time I am posting anything in any forum)
I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.
I have been in US as a student for four years and working as a researcher for little over a year. I learnt of all this 140 - 485 - 765 business only in the last 3 - 4 weeks after my first interaction with a lawyer who is filing for my permanent residency. The recent USICS dates "flip-flop" as many refer to is in fact disappointing. Based on my little understanding of how all this works I came down to the following two thoughts (and I am a bit skeptical of how this forum will react to what I am posting)-
1. The sudden change of PD to current for many was a too good to be true event - and if it is too good to be true, it probably isn't. USCIS made us aware of that on 2nd July. Of course, people got excited spent a lot of time and effort to collect papers etc and USCIS did do something to upset a lot of people. Having said that, status quo for most is what it was before July 13th. albeit applying for 485 would have allowed getting work permits for dependents, and travel documents etc.
2. In my humble opinion, asking a law suit or any amount of aggravation expressed towards USCIS is not going to be of much benefit. Instead the solution lies with SKIL BILL. Again, this is just my opinion that channeling energy to move the SKIL BILL forward is really the way to solve the problem. This bill is now in the senate judiciary committe for review and there is a good chance, just like last year, that it will remain there and die unless somebody pushes it forward.
more...
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hpandey
08-19 01:29 PM
I don't know what's the point of posting such news here. There are fraud people everywhere and hundreds of fraud cases everyday . Should we start posting everything or is it your wish to malign Indians and give Indians a bad name. You seem to be no different from Grassley and company who seem to pick up 10 fraud H1b cases out of 100,000 and say that H1b is a big fraud.
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sonia_sd
10-19 07:15 PM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
more...
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Lisap
08-27 05:54 PM
Should I call CIS to see what they say??? Anyone??
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WillIBLucky
06-21 12:16 PM
Thanks for your prompt reply.Is this the format you are talking about?
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
more...
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sekhar123
04-26 11:59 AM
Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.
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pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
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tigerlibra
09-29 05:52 PM
Hello,
Does anyone have any suggestions ?
Thank you...
Does anyone have any suggestions ?
Thank you...
LondonTown
05-25 08:03 AM
Sent the fax.. going to call...
gova123
10-30 10:19 AM
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
