kaisersose
02-13 01:20 PM
WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.
I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.
EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.
EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.
The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.
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ItIsNotFunny
03-26 01:19 PM
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
I am not using, but I still agree that given opportunity you should use it.
gc_chahiye
06-28 05:08 PM
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
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immigrationvoice1
02-15 04:45 PM
Talking about diversity, those not familiar should take a look at an Indian currency note.
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
....completely!
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
....completely!
more...
we_can
09-24 10:16 AM
Innovative idea, cool. Sent mails to most people in the list. Just one bounced, others went fine.
deafTunes123
07-27 08:04 AM
One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
more...
indio0617
06-28 07:31 PM
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.
If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.
If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.
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mallu
02-13 02:13 PM
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
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mbartosik
12-13 11:45 AM
There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
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thecipher5
04-23 09:52 AM
Suresh,
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
more...
PlainSpeak
01-14 11:19 AM
I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)
You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.
Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)
You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.
Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that
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jonty_11
07-10 11:31 AM
Well said good luck.... I may be following you soon once I have my Canada application nearing approval.....
Please do share your story with media....IV core can probably help you there.
Please do share your story with media....IV core can probably help you there.
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shivarajan
09-03 03:29 PM
Well ... the fact remains "a capacious, larger-than-life persona who was alive yesterday is just no more today?” In matter of seconds he's gone, and nobody could have prevented it, whatsoever.
It's a deeps*** lesson that life is just so unpredictable whoever it is. We just have to live life rather than live ONLY for the very fact that life should get greened one day. I am getting a stronger messages by the way of such news that we should not be “damm” desperate/obsessed/vexed every second for not getting greened as if it were a pill to immortality. Lesson to stop worrying & 'get life' since we aren't vanished into oblivion as of yet.
ps: I am not preacher, just some random thoughts!
It's a deeps*** lesson that life is just so unpredictable whoever it is. We just have to live life rather than live ONLY for the very fact that life should get greened one day. I am getting a stronger messages by the way of such news that we should not be “damm” desperate/obsessed/vexed every second for not getting greened as if it were a pill to immortality. Lesson to stop worrying & 'get life' since we aren't vanished into oblivion as of yet.
ps: I am not preacher, just some random thoughts!
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485Mbe4001
05-29 06:07 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
more...
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lahiribaba
06-18 01:44 AM
if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.
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ak_2006
05-29 04:03 PM
Folks - here is the thing. lets work towards fixing our issues.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
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andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
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chanduv23
07-04 08:50 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
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hydubadi
07-26 12:20 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
zCool
03-26 01:27 AM
If it isn't approved.. then it's gonna be cancelled the moment that rule that's pending that comes out..
It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..
It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..
gc_lover
06-28 12:52 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
Yes it is fine.
Yes it is fine.
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