optimystic
10-23 08:48 PM
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
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gc28262
03-03 06:10 PM
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Do you have this "officer"'s caller id in your phone records ?
In case it is one of your colleagues trying to fool you.
acecupid
06-02 06:39 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
Where did you read the new text ?
Where did you read the new text ?
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cal97
12-03 06:00 PM
In mycase I went to the local USCIS office and the IO there sent an e-mail as well but no news on my FP yet. Try your luck.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
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test101
07-07 06:27 PM
Do anyone think we should call/email NBC and refelect our opinion on this segment?
it was brief but to the point.
it was brief but to the point.
DoggyStyle
07-22 02:20 AM
Thank you!!
Sometimes paranoia gets the better of us.
I have access to a lot of "extra" stuff, as you can tell from the blog. It has been a long and tiring fight, but someone has to do it.
Ur blog is full of childish gossips from message boards, like 'extra', which are not useful for IVians.:(
Sometimes paranoia gets the better of us.
I have access to a lot of "extra" stuff, as you can tell from the blog. It has been a long and tiring fight, but someone has to do it.
Ur blog is full of childish gossips from message boards, like 'extra', which are not useful for IVians.:(
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gc_chahiye
01-03 09:21 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
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immig4me
11-03 11:52 AM
Dug the hole for 8 years, expect prosperity in 18 months!!!!
we can argue both ways, democratic party was not rejected because of the economic mess, even today lot of voters are angry at bush for the mess, the issue here is WH is completely out of touch with the main street, why spend 2 years on health care when ppl dont have jobs to afford basic necessities, the less we talk about stimulus the better, ppl dont like someone who don't listen and arrogantly say what ever they do is for the good without showing any progress (hmmm, reminds me of bush but hell dint we vote for change?) or say voters are ignorant,
bush is not the whole problem, democrats are in the majority since 2006 and look at the deficits since then, wars costed US trillion dollars which is less than annual deficits under the current president, i agree he does not own the deficit problem completely but he dint help to fix it either, bush dint sign "glass-seagall" act which caused the whole mess in the first place, clinton was the one who pushed the initiative "housing to minorities" and his administration wanted to push it through freddie and fannie and the rest is history,
point is demonizing one of the parties is not going to help, both contributed to the mess and neither of them has bigger share
You are missing the point! Vedicman is presenting the case that expecting things to be on the upswing in 18 months is not realstic!
As for what this administration has done read Lincoln Mitchell: What Really Happened Tuesday Night (http://www.huffingtonpost.com/lincoln-mitchell/what-really-happened-last_b_778052.html).
On a second note, it is easy to sit in any position and criticize the president (this applies to bush too) however, what this president is doing is far better in the long run for this country (if we decide to stay) than any other potential candidates.....
Also saw your wish of Obama loosing in 2012 - assuming he ran and his opponent will either be Sarah Palin or Newt Gingrich - just thinking of it gives me shivers! chills! cold! cough! and high fever! (if not more) I urge you to think twice before you wish for something.
This is all politics....lets forget that....everyone in this forum are in the same boat and the fact is for our issues we need both houses of congress and parties to support - so lets work on it.
we can argue both ways, democratic party was not rejected because of the economic mess, even today lot of voters are angry at bush for the mess, the issue here is WH is completely out of touch with the main street, why spend 2 years on health care when ppl dont have jobs to afford basic necessities, the less we talk about stimulus the better, ppl dont like someone who don't listen and arrogantly say what ever they do is for the good without showing any progress (hmmm, reminds me of bush but hell dint we vote for change?) or say voters are ignorant,
bush is not the whole problem, democrats are in the majority since 2006 and look at the deficits since then, wars costed US trillion dollars which is less than annual deficits under the current president, i agree he does not own the deficit problem completely but he dint help to fix it either, bush dint sign "glass-seagall" act which caused the whole mess in the first place, clinton was the one who pushed the initiative "housing to minorities" and his administration wanted to push it through freddie and fannie and the rest is history,
point is demonizing one of the parties is not going to help, both contributed to the mess and neither of them has bigger share
You are missing the point! Vedicman is presenting the case that expecting things to be on the upswing in 18 months is not realstic!
As for what this administration has done read Lincoln Mitchell: What Really Happened Tuesday Night (http://www.huffingtonpost.com/lincoln-mitchell/what-really-happened-last_b_778052.html).
On a second note, it is easy to sit in any position and criticize the president (this applies to bush too) however, what this president is doing is far better in the long run for this country (if we decide to stay) than any other potential candidates.....
Also saw your wish of Obama loosing in 2012 - assuming he ran and his opponent will either be Sarah Palin or Newt Gingrich - just thinking of it gives me shivers! chills! cold! cough! and high fever! (if not more) I urge you to think twice before you wish for something.
This is all politics....lets forget that....everyone in this forum are in the same boat and the fact is for our issues we need both houses of congress and parties to support - so lets work on it.
more...
Sheila Danzig
04-19 11:13 AM
There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
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hsingh82
04-13 04:04 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
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bfadlia
04-14 04:20 PM
Call your senator and explain your situation. I have done so in the past after I lost all papers. I have received drivers license on the basis of only photo copies.
Thanx for your suggestion.. DMV agreed after going up several managers to move the status check date 6 months away for me and my wife. I am planning to renew EAD and use that next time.. the stupidity will be paying the huge EAD fee for my wife just for driver license purpose even though she's not planning to work any time soon.
Thanx for your suggestion.. DMV agreed after going up several managers to move the status check date 6 months away for me and my wife. I am planning to renew EAD and use that next time.. the stupidity will be paying the huge EAD fee for my wife just for driver license purpose even though she's not planning to work any time soon.
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snathan
06-18 03:00 PM
If you come across people in other forums who are/were suffering in this...please let me them know and ask them to post their story in IV.
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amitjoey
03-23 12:19 PM
I have mailed asking for the meeting info. I will meet the local lawmakers.
Arun, I will PM you. I am ready to go with you. I am from Northern California.
Arun, I will PM you. I am ready to go with you. I am from Northern California.
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gveerab
12-29 05:39 PM
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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zoozee
08-28 03:49 PM
Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.
Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.
Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
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dskhabra
02-11 02:12 PM
EB2 I should get more spill over from EB2 ROW that what it got last year. The number of labor approvals is very less after June 2008( someone posted it earlier in some other thread). EB2 ROW is always current and I think the usage should be low this year.
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gapala
02-12 08:10 PM
Just call IRS and they will talk to your employer for your W2. This has happened with me and stupid indian company "Hexaware" shipped it to me overnight past year after I called IRS. Guess what I also got useless call from so called "Big shots" to apologize for the situation and withdraw the complaint.
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
payur
06-27 08:44 AM
you should probably correct ur sentence "... and obviously every one is as anxious as others to get their papers (fedexed) filed on time, fedexing it will not alone guarantee your filing.
You are having fun. Don't you?
You are having fun. Don't you?
kumar1
07-27 04:18 PM
Do this - Hire a homeless person, give him a VOIP phone with unlimited calling minutes, and ask him to call USCIS every second of his life asking for your recipt. Some day you will get the good news. If you hire 10 homeless and give all of them this job then you might qualify for "investor green card"!!
Guys....please say....well said (pat on my own back)
Guys....please say....well said (pat on my own back)
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