javadeveloper
08-31 09:36 AM
Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.
Why Not?? 80% of Desi Companies do illegal things like
1.charging for H1B
2.charging for GC
3.Not keeping employees on payroll
4.Not paying on Bench
All companies are required to follow the rules/law
Why Not?? 80% of Desi Companies do illegal things like
1.charging for H1B
2.charging for GC
3.Not keeping employees on payroll
4.Not paying on Bench
All companies are required to follow the rules/law
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smerchas
03-17 04:28 PM
Hi guys,
This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!
There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!
This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!
Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!
thanks
Smerchas
This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!
There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!
This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!
Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!
thanks
Smerchas
pappu
11-16 09:24 AM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
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gg_ny
09-10 10:21 AM
My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.
There are a few key lessons:
1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
There are a few key lessons:
1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
more...
namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
marty
08-27 01:34 PM
What do you guys think about the movement in EB3 ROW cases starting from October 2008? Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?
Thanks and good luck to you all.
Thanks and good luck to you all.
more...
immitul
08-13 09:43 AM
You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion
I do not come to IV for news like this. Definitely it doesn't belong here.
I do not come to IV for news like this. Definitely it doesn't belong here.
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krchowdary
01-18 03:17 PM
we are all once H1b holders
more...
fide_champ
03-21 11:26 AM
Please see below for my answers..
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
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MatsP
August 14th, 2006, 06:26 AM
Unless you're feeling seriously hampered by your set of lenses right now, and you're planning on spending some dollars on new lenses, I'd stick with what you have at the moment, and only upgrade when you actually see a need to do so, rather than "better do it before it's too late".
Yes, if you have advanced plans on buying more lenses, then I would consider upgrading the camera as well - before you have such a huge collection that you can't feasibly afford to change brands.
I would also very seriously consider the fact that Canon has undeniably the best select of lenses, and most people (except some Nikon fanatics) would probably also agree that the Canon lenses are optically better than the Nikon equivalents [although there are many factors here, some of which are based on personal experience, some are probably depending on whether you get a "good copy" or "bad copy", etc, etc].
Flash memory (SD or CF) isn't very expensive these days, so unless you have several gigabytes of it, you probably need not really worry about that so much when it comes to choosing your next generation camera.
I have to admit, however, that the Nikon D80 has a very tempting price and feature combination. I'm sure it's a really good camera.
Finally, although I'm somewhat of a Canon fan, my latest camera purchase was a Nikon - a small Coolpix 7600 so that me and my wife can carry an unobtrusive camera when need be. Carrying a EOS 10D around is a little bit more noticable...
--
Mats
Yes, if you have advanced plans on buying more lenses, then I would consider upgrading the camera as well - before you have such a huge collection that you can't feasibly afford to change brands.
I would also very seriously consider the fact that Canon has undeniably the best select of lenses, and most people (except some Nikon fanatics) would probably also agree that the Canon lenses are optically better than the Nikon equivalents [although there are many factors here, some of which are based on personal experience, some are probably depending on whether you get a "good copy" or "bad copy", etc, etc].
Flash memory (SD or CF) isn't very expensive these days, so unless you have several gigabytes of it, you probably need not really worry about that so much when it comes to choosing your next generation camera.
I have to admit, however, that the Nikon D80 has a very tempting price and feature combination. I'm sure it's a really good camera.
Finally, although I'm somewhat of a Canon fan, my latest camera purchase was a Nikon - a small Coolpix 7600 so that me and my wife can carry an unobtrusive camera when need be. Carrying a EOS 10D around is a little bit more noticable...
--
Mats
more...
dpp
06-20 05:32 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.
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msp1976
06-25 09:53 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Once your wife is not in this country..she would not be eligible to file 539...
But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
Without a stamp she cannot come back and by leaving country she abandoned the I539....
It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Once your wife is not in this country..she would not be eligible to file 539...
But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
Without a stamp she cannot come back and by leaving country she abandoned the I539....
It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..
more...
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gc_on_demand
03-18 11:51 AM
Where did you get this info from? source?
140000 ( TOTAL GC ) - 35000 ( LAST YEAR EB1 ) = 105k - (40K) EB3 = 65k - ( 5k EB4 AND EB5 ) = 60k - 25k ( EB2 ROW ) = 35k.
Eb2 India has following pending cases ( Guess ) based on some data from senator and labor data.
10k = 2004
5k = 2005
18k = 2006
25k = 2007
China Eb2 has like below.
4k = 2005
7k = 2006
7k = 2007
So this year they will not just divide between india and china but india will get more share than china. So india will get 25k to reach Mid 2006 and China will get 10k to cover till 2006. or it can stay same as india.
140000 ( TOTAL GC ) - 35000 ( LAST YEAR EB1 ) = 105k - (40K) EB3 = 65k - ( 5k EB4 AND EB5 ) = 60k - 25k ( EB2 ROW ) = 35k.
Eb2 India has following pending cases ( Guess ) based on some data from senator and labor data.
10k = 2004
5k = 2005
18k = 2006
25k = 2007
China Eb2 has like below.
4k = 2005
7k = 2006
7k = 2007
So this year they will not just divide between india and china but india will get more share than china. So india will get 25k to reach Mid 2006 and China will get 10k to cover till 2006. or it can stay same as india.
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ivgclive
03-11 01:05 PM
Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
more...
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jkays94
05-30 11:14 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
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ryan
04-27 01:11 PM
The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
That article isn't comparing apples to apples . Corporate tax is one form of tax. However, GE and its units pay billions in several other form of taxes, which can be used in part, to offset corporate tax.
Also, IMO this statement negates the article itself -- "$8.4 billion in sales taxes, $1.6 billion in property taxes, and $1.2 billion in personal income taxes last year"
The illegal folk paid more in sale tax than income tax -- MEANING what exactly? The LARGE majority did not file / pay Income taxes. Period. Who are they kidding here with the sort of agenda filled write ups?
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
That article isn't comparing apples to apples . Corporate tax is one form of tax. However, GE and its units pay billions in several other form of taxes, which can be used in part, to offset corporate tax.
Also, IMO this statement negates the article itself -- "$8.4 billion in sales taxes, $1.6 billion in property taxes, and $1.2 billion in personal income taxes last year"
The illegal folk paid more in sale tax than income tax -- MEANING what exactly? The LARGE majority did not file / pay Income taxes. Period. Who are they kidding here with the sort of agenda filled write ups?
more...
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mikemeyers
11-20 05:19 PM
Let say, I continue taking classes until i get for visa stamping, how would they know that I am taking classes other than the grades that were posted or transcript.
If i don't take classes anymore, how wud they know I m not taking any classes?
If i don't take classes anymore, how wud they know I m not taking any classes?
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eb3_nepa
02-18 10:06 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
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newhandle
03-06 11:48 PM
bump. How should I approach my AOS given my case above?
GlobalCitizen
08-21 03:20 PM
I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
jungalee43
01-11 03:27 PM
Nice to know and good luck to all of you. Hope it helps.
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