Edison99
08-23 11:50 AM
Thanks for the great suggestions!
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
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ganguteli
04-13 10:05 PM
Its good that you are thinking of ideas but I do not think you know about the reason why we are all here on IV. Here is why.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
the
12-20 01:16 PM
If someone has already spent 6 years on H1B can he/she convert to H4 status?
as long as spouse has a valid H1B...
as long as spouse has a valid H1B...
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helloh1
01-27 01:35 PM
Jaihind...thats really unethical. Its sad to hear such experiences.
Although I cant help you...I really wish you good luck.
Although I cant help you...I really wish you good luck.
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gc_lover
06-27 10:37 AM
There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)
Don't spread rumors! You should know better that people are worried about mid-month retrogression rumor and you are icing that with your silly conclusions from people like you. Not only you are not helping anyone with this thread but you are creating unwanted headache for them. Please stop and wait for your approval, since you have already filed. Do not worry about all of us!
If something is going to happen, like you say, let it happen. There is nothing we can do to stop that and in worst case we won't be albe to file 485. We would still be very happy for you that you had filed and got your GC. Be happy but please stop this nonsense.
sashidhar_gundimeda
07-03 09:01 AM
Tangible:
Medical - $145
Photos - $16
USPS - $35
Fees - $650
Total: ~850
Intangible:
1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.
2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.
3) Most importantly the frustration and disappointment from this huge mess.
Lessons learned:
1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.
2) G.C. process is mainly based on luck and not on merit.
3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.
4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.
Medical - $145
Photos - $16
USPS - $35
Fees - $650
Total: ~850
Intangible:
1) Advanced my engagement date. Tried to arrange an earlier marriage date. Placed everybody involved, my fiancee, her parents, her brothers, my parents and myself under huge pressure. All the bad reputation which I am facing now because of all that.
2) Bad reputation at work for not focusing on the job and the time that I took off from work to fix appointments for medical.
3) Most importantly the frustration and disappointment from this huge mess.
Lessons learned:
1) DO NOT trust USCIS or DOS, they are here not to help us nor make things easier for us.
2) G.C. process is mainly based on luck and not on merit.
3) We Indians have a bad reputation among Americans, for their allegations that we are taking away their jobs.
4) Bottomline, our life in USA is coming to an close. Time to have our bags packed and ready to relocate back to home.
more...
Sachin_Stock
08-25 10:14 AM
While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
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tiinap
04-09 01:12 PM
"Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
more...
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lazycis
02-28 12:29 PM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
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seratbabu
02-18 11:50 PM
[QUOTE=
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
more...
GIC
11-09 12:31 PM
TSC, RD 7/2 , ND 9/7, LUD 9/10, no SR.
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jsb
01-13 12:12 PM
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
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ramudu
11-01 09:41 AM
To mailmy_gc : You are very lucky to have it on the 100th day i guess..Mine is pending 98 days and i went to local office - Newark, NJ today and they told me your file is with the IO and you are probably struck in background check - cant understand he spend 90+ days on background check alone! and i am still counting. I met atleast 3 people whose EAD is pending and expired and are counting days. I cant beleive USCIS is no ruthless and care a damn about legal immigrants.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
Can anyone tell me how else i can expediate? - I already tried 2 Info pass, one service request, Letter to CIS ombustman (they did respond with rrecommendation). I havent contacted senator (does it help - if so do i just call them or go to there office?). Any input will help.
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nixstor
12-13 04:34 PM
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
more...
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gc_maine2
12-31 12:42 PM
Thanks Logiclife, will definitely take a legal advice
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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24fps
02-21 01:46 AM
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
more...
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ddeka
11-06 12:09 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
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rajeshalex
08-05 09:44 PM
PD Dec 2004 /EB2
140 pending since July 07
140 pending since July 07
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shana04
02-12 04:44 PM
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
perm2gc
05-22 04:14 PM
Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?
Reality is always hard to take :D
Reality is always hard to take :D
test101
07-02 04:48 PM
lawyer =2250
medical exam =280
mailing=60
photes=7.99
Birth cerificate =175
visa screen =435
total 3207.99
medical exam =280
mailing=60
photes=7.99
Birth cerificate =175
visa screen =435
total 3207.99
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