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  • lord_labaku
    11-20 11:43 AM
    I dont think it will affect your GC at all. But it will greatly affect your credit history. That being said....foreclosure probably is the easily viable option when you have a large negative equity & have to sell the house.

    Wonder why we are in this real estate mess??





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  • chanduv23
    04-25 01:17 PM
    May I ask your immigration status. I believe you already got your GC and roaming around here just beat shit out of others. Each and every of your post is convincing me in that direction only. You would be happy to see the H1 guys thrown out from here. So it will increase your demand and you can make more money. What kind of person you are. is there any difference between you and anti-immigrant. Or are you that coming with Indian name to make fool out of us.

    If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.


    People are already stressed out. If you got your GC please go-away and enjoy your freedom.

    senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.





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  • eb3_2004
    06-29 05:15 PM
    Feel like crying..Can't control.poor my wife waiting for EAD...This is sick....Wasted so much time and money to get this done..waited for 3 years to get to this place..now back to trash chute...life sucks..





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  • dontcareanymore
    01-09 04:43 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also

    Thanks

    Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.

    REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.


    The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).



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  • yabadaba
    04-17 03:56 PM
    fill the form and send it...also be a little technical...mention that the I-9 requires the proof of xxxxxx documents, with I-765 Employment authorization document being one of them.

    Tell them you are a US worker as per the definitions laid out by the dept of Labor. Mntion that while you do have a H1B visa, which makes you a temporary worker not subject to the citizenship status discrimination prevention provisions, you are currently adjusting your status to a permanent resident and are availing yourself of the provision of I-765, thereby being a legal US worker as defined by the DOL and thereby would avail of the protection provded to you under the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b.





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  • pdakwala
    02-01 10:04 AM
    1. Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
    employment-based immigration to the United States.

    Comprehensive immigration reform proposals by Senators McCain and
    Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.

    Each proposal contains a combination of the following elements: (1) a
    guest worker program; (2) stricter immigration enforcement; and (3) an
    expansion of the employment-based immigration system.

    The guest worker program is, by far, the most controversial part of the
    package. To President Bush and its Congressional proponents, a guest
    worker proposal is simply a way of creating a procedure to allow U.S.
    companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.

    Opponents of a guest worker program maintain that if employers simply
    raise their wages, American workers will do any job. Call me a "doubter".
    Our unemployment rate has been hovering around 5% for over a year. Yet,
    the Wall Street Journal recently ran an article about lettuce growers who,
    unable to harvest their crops, raised their rates to over $10 per hour. A few
    Americans applied, but none lasted more than a few hours. How many of the
    unemployed are willing and able to perform stoop labor in rural valleys?

    The opponents of a guest worker program refuse to vote for any program
    which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
    Subcommittee on Immigration in the House of Representatives puts it
    simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.

    If the guest worker program does not include the 10 million plus
    illegal workers who are presently in the U.S., there is not the slightest
    possibility of either regularizing their immigration status or of deporting them.
    That is simply a fact, and building a huge fence on Mexico's border (no one
    ever suggests doing so along the Canadian border) with the U.S. will simply
    discourage illegal workers in the U.S. from returning home to visit
    their families. Also, it does nothing to stem the influx of illegal workers
    who enter the U.S. with visas and then overstay. Those in Congress who
    think that by criminalizing these people the problem is solved are kidding
    themselves and their constituents.

    The real solution is to look reality square in the face, and fashion a
    solution which will penalize illegal workers, but, at the same time, allow them
    to participate in a guest worker program that will eventually result in
    them becoming permanent residents of the U.S. Unless there is a light at
    the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.

    At least one ex-INS prosecutor (The one who writes this newsletter)
    knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.

    Whether or not the Congress enacts a guest worker program, the United
    States has another immigration problem that needs to be solved, and solved
    now. Our country is educating less scientists, engineers, doctors and nurses
    than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.

    Our country is losing its manufacturing base. For example, the U.S.
    automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.

    Fortunately, thanks to the immigration of tens of thousands of Indian
    and Chinese engineers to the U.S., the top software, chip makers and
    biotech companies are still located in the U.S. But with our outdated
    immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.

    Most of the bills pending before Congress would increase
    employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.



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  • ireddy
    11-10 09:50 AM
    Sent on 11/5/08. No reply yet.





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  • shreiks
    06-22 10:22 AM
    My lawyer recommends to do independent filing without the spouse. He says you get 2 bites at the apple. When the dates becomes current,USCIS won't adjudicate immediately. We have time to add the derivative spouse later on.

    Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.



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  • cableman
    05-09 11:12 PM
    Hi there,

    Another question, i got my I140 approved from Texas center although filed at NSC (premium processing). Will my I485 apps also be handled by Texas or they are independent?

    Thanks

    I got this from :http://www.usvisahelp.com/filingtips2.html

    "Note that an employment-based I-485 application that is filed concurrently with an I-140 immigrant petition must also be filed at the Nebraska Service Center, since all I-140 petitions are now filed at Nebraska. However, an I-485 application filed to accompany a currently pending I-140 petition would be filed either at Nebraska or Texas, depending upon which service center issued the receipt notice for the I-140."

    According to this, I guess your I-485 should be handled by Taxas service center. But don't take this as the final answer. Check with your lawyer to make sure.





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  • sanju
    05-15 10:24 AM
    Guys:
    Based on the June Bulletin, I will be filing my I485 in June.

    Now, I have H1-B(with my current company till Feb'2010 that I just got approved a month back.(not stamped in passport yet)

    -- Should I file EAD for myself ( I probably would want to change jobs after 180 days) ? Or is it better to be on H1-B.
    -- Should I file AP for both myself and my wife(she is on H4) ?

    Also, when I decide to change jobs using AC21 rule, is it better to tranfer
    H1-B to a new company or if I have EAD, how does that work ?

    Any inputs will be greatly appreciated..!!

    Thanks

    If I were you, I would apply for EAD and AP for spouse and self immediately. You never know when you may need it. Say, your company announces a merger and your entire department is wiped out and you have to leave before coming Friday. It would be almost impossible to find another employer who will send the new H-1B application before Friday. In such instances EAD will help to keep you in status. EAD card for spouse will allow her to apply for SSN and thus Drivers license. AP for wife will help to travel out of country after you have used EAD. So in short, I would apply for all the docs for all members of the family. This could result in spending couple of hundred dollars but will help secure peace of mind.



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  • bondgoli007
    11-24 03:19 PM
    punjabi,

    If you can afford the payments and the loss in home value is not that much (20k per your earlier post is not that bad), it makes no sense to go into foreclosure. I do understand you were hoping to make a profit by now but bad luck.

    I am assuming you can still afford payments because you are only thinking of selling to move to a different city for better job opportunities. I also would think you have no desire to buy another house in that new city. So your net income per month should be comfortable and not the driving force.

    So why don't you just rent your house and wait out the tough times? If you can afford the payment, you will stand to gain long term by not going into foreclosure....You are losing not just your credit history but also any equity you built as well as any future prospective returns on the house. Not to mention all that interest payments down the drain.

    Finally, though I share your thoughts on the unfortunate situation with the home prices falling, I do believe that you share equal responsibility for your financial decisions. So my humble advise is to take this as a learning experience and plan for both good and bad situations with important financial decisions.

    All the best!!





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  • kgundamaraju@hotmail.com
    05-22 09:39 AM
    Would anyone be able to advise if I can travel out of the country after I've filed the 485 if I have an approved I-797 approval notice (for H-1B) but old H-1B stamp in pp has already expired?

    If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??

    Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.

    Thanks for the help guys.

    I am in the same situation as yours. The visa stamp on my passport expired last year and I have an approved I-797, which is valid till Oct'07. I am planning to file for I-485 on June 1st and I want to travel to India as soon as I can. My attorney's advise was to wait for receipt of I-485 application and then travel to India and get H-1B stamped on my passport from a US consulate in India. According to him this is not considered as abandoning I-485.



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  • ndialani
    10-15 04:04 PM
    Hi Rubaru,
    congrats!
    Did you wait for 6 months after opening the first SR?
    I got that reply letter from USCIS.



    Hi All,
    I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.

    I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.

    Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)

    Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.


    Anyway,happy that it finally got approved .I am waiting on my wife's approval thought





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  • GCOP
    08-20 01:17 PM
    Can you please mention the source or any basis of 50 to 60 K applications pending before October 2003. I am interested to know this because my PD is also EB-3 (India), October 2003. Thanks.



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  • ondreaming
    01-11 01:54 PM
    This article on today�s Washington Times about the Boehner vs Blunt race to succeed the former House majority leader, gives some hints on both the people and the organizations pushing the inimmigration issues in the Congress: Immigration vote stirs concern about Boehner
    http://washingtontimes.com/national/20060111-121934-8017r.htm





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  • justAnotherFile
    08-17 03:06 PM
    Here's the trail of events this month for us
    Aug 3 Opened SR
    Aug 4 Called 2nd Level Customer Service
    Aug 5 Online Status Shows Approved
    Aug 14 Approval Notice
    Aug 16 Green Cards received

    End of a loooonnnng chapter and onto next. Best of Luck for all those current and still awaiting approval. Keep following up through all channels and do not give up.

    The cards came in a non-descript envelope that also had a 'Welcome to America' pamphlet. The pamphlet describes where to get information on community services, shopping, housing and jobs!!!! What an irony!



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  • indio0617
    01-12 05:29 PM
    **Deleted the post**

    Guys: That was old news from 2004... Just spotted it. Hope he really acts on it this year





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  • ankur6ue
    09-08 09:28 PM
    PD is April 12 2006 not what I stated in the previous post. Sorry for the confusion





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  • chanduv23
    03-24 04:08 PM
    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig

    HRs generally "quote" the policy word in every sentence they speak or write. It is a matter of interpretation. The HR may not have a decision making power and is just following what he/she is asked to do. No company has a policy that says GC or citizen, but policy can says "Authorized to work for any em ployer in the United States. I guess it is a matter of interpretation.

    The HR seems to be ill informed. Many companies do accept EAD and they are quite aware of the delays in EAD renewal - and that has rarely been the basis to reject a petition.

    If this is a trend then it is an issue to all, but if this is an isolated case then definitely you can look into places other than Capital One.

    If you want to spend time and resources you can go to a lawyer, but you have no guarantee that you will get the job there too.





    pranju
    06-15 09:50 AM
    ADMIN: This thread is for people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description, see the sample format below in the second quote box), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.

    I-485 DOCUMENT CHECKLIST

    1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').

    Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.

    Fillable I-485 form: http://www.uscis.gov/files/form/i-485.pdf

    Application is sent to:

    USCIS Nebraska Service Center

    P.O. Box 87485

    Lincoln, NE 68501-7485

    2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.

    3. Two Photographs per 1-485,1-131,1-765

    4. Completed form 1-485 for Adjustment of Status

    5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.

    6. Evidence of Valid Nonimmigrant Status:

    Copies of both sides of any and all 1-94 cards
    Copies of all 1-797 approval notices
    Copies of any and all I-20's (if applicable, both sides)
    Copies of all IAP 66 forms
    Copies of all PT Work Authorization Cards (if applicable)
    Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE

    COMPLETED FORM G-325A Biographic Sheet
    Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
    Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
    Employment Letter (see the format in the box below).
    Original for employee, copy for all other

    I-765/EAD DOCUMENT CHECKLIST (Optional)

    Documents required for EAD/I-765 per person:
    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf

    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
    Copy of past EAD card front/back sides
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)


    I-131/Advance Parole DOCUMENT CHECKLIST (Optional)

    Documents required for Advance parole/ I-131 per person:
    Completed form I-131
    http://www.uscis.gov/files/form/I-131.pdf
    2 photos (full frontal)
    USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
    copy of EAD card front/back sides,
    Copy of I-94 card,
    Copy of visa page of passport in color,
    Copy of driver's license,
    Copy of I-485 receipt notice,
    Copy of I-140 approval notice,
    Copy of Marriage certificate,
    Copy of birth certificate for children and a letter explaining the reason for travel
    Signed statement requesting advance parole

    FORMAT FOR EMPLOYER'S LETTER :


    <DATE>

    US Department of Homeland Security
    United States Citizenship and Immigration Service
    <your Service Center address>

    Re: Permanent Residence of <primary applicant's name>

    Dear Sir or Madam:

    This letter is to confirm that <primary applicant's name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary as per your labor cert, could be more, not less>. His job title will be <job title as per labor cert.>, and he will be performing the following duties:

    <As per job description of your labor cert Develop Java, J2EE, Web development, database dev, ETL, C++, and whatever the duties are there list in your labor cert>

    Please feel free to contact us if your office should require any further information.


    Sincerely,


    <signature, name and title of authorized person>
    <employer name>


    --------------------------------------------------------------------------------------------------------------------


    Hi everyone ,

    i have three question please please anyone answer ....

    1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )

    2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?

    3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN

    i will appreciate anyone answering any question please

    thank you

    pranju





    kushaljn
    01-07 11:23 PM
    Here is the email response which I have received from Mumbai N IV.

    =====================
    Dear Sir:

    Thank you for your correspondence, regarding electronic verification of H, L, O, P and Q petitions through the Petition Information Management Service (PIMS).

    PIMS is now the sole source for confirmation that a NIV petition has been approved.

    All questions regarding this new service should be directed to the Bureau of Consular Affairs� Public Inquiries Division of the State Department. You may contact them at the following numbers and e-mail addresses:

    Fax Number: 202-663-3899

    Public Inquiries: 202-663-1225

    Public e-mails (automated replies only): usvisa@state.gov

    In case we do receive the electronic verification an email will be sent to you regarding the same. Once you receive the mail you will need to submit your documents to the VFS. We regret we cannot give any timeframe regarding the completion of this process. I hope this information has been helpful to you.

    Regards,

    Mumbainiv/cg
    =====================

    Sorry to say, this new system has been designed and implemented not taking into consideration,how it is impacting all the applicants. There is no timelines which are published for cases like ours. In short the new system will delay things.


    :confused::mad:

    I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.

    For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.

    There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.



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