sayantan76
09-24 11:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
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maverick_joe
11-16 03:12 PM
no u cant, u would need to take and infopass appointment, but you could talk to cust care and open an SR first.
to talk to an IO at the texas service center use the following
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
remember u will have to call in the moring before 11.30 to be able to talk to an IO.
to talk to an IO at the texas service center use the following
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
remember u will have to call in the moring before 11.30 to be able to talk to an IO.
nkavjs
09-26 05:00 PM
Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
Possibly I might work 10-15 hrs with a different employer too (in same field).
I was asked to change I-9 form and update the changes.
Am I supposed to do anything else from my end, which my employer has not told me yet?
Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
DO we see any trouble with my GC processing?
EB3-india July 2003, I140 approved 2006.
Thanks
RPH
Possibly I might work 10-15 hrs with a different employer too (in same field).
I was asked to change I-9 form and update the changes.
Am I supposed to do anything else from my end, which my employer has not told me yet?
Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
DO we see any trouble with my GC processing?
EB3-india July 2003, I140 approved 2006.
Thanks
RPH
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gc_rip
06-18 12:48 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
more...
pathmaker
09-22 08:56 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Hoppi98565
03-17 06:12 PM
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more...
rkumar18
10-26 02:39 PM
I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
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guru76
01-08 04:24 PM
My father had the same problem. On 30th he had his interview and the VO said he will get his passport back in 5 days. Well he did not get it back till yesterday. Today the status has changed on VFS website saying it has been sent by courier. Just wait a little bit longer and I am sure you will get it too. PRobably because of the holiday season they took more time than usual.
more...
rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
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LC2002
10-26 03:25 PM
Picture on this is scanned image of original picture you sent.
It is like h1 aproval notice with a photograph in it
It is like h1 aproval notice with a photograph in it
more...
sunny1000
01-15 01:14 AM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
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yagw
12-08 02:10 AM
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
more...
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sparklinks
04-09 03:59 PM
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?
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H1Girl
02-26 11:51 PM
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
more...
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chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
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thomachan72
10-19 12:30 PM
Hi Rajenk:
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
Hi you might also need the copy of the labor? or atleast the number for that one?
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
Hi you might also need the copy of the labor? or atleast the number for that one?
more...
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billu
05-10 12:26 PM
By all means, I differ from your views, without discussion how we will we know what is going to be in the bill. the proposals are blue print summary of what is in store for a legislative effort. There should be always different viewpoints in a debate. NOBODY is going to have heart attack because of that. And this is not speculation this is actual summary of the proposals.
But again. IGNORANCE IS BLISS! but sometimes that Bliss make you blush! and it is dangerous sometimes. so go wtih the wind. :):o
well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??
But again. IGNORANCE IS BLISS! but sometimes that Bliss make you blush! and it is dangerous sometimes. so go wtih the wind. :):o
well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??
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dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
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nirupama.reddy90
01-21 05:11 PM
Your post is confusing. If you got laid off, how come you are on job as yet?
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
sbabunle
11-17 09:26 AM
Way to Go India!!!!
Jai Hinddd!!!!
Jai Hinddd!!!!
casinoroyale
04-02 09:52 AM
My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
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