
vishwak
10-22 08:24 AM
Could you please provide some more information regarding this porting from EB3 to EB2?
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
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Suva
12-26 06:30 PM
Mine was approved on 22 december. Receipt date was 4th June, 2007.

sidbee
03-17 07:36 PM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Dont make news , which is not true.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Dont make news , which is not true.
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wellwisher02
04-01 09:26 AM
Wow, so you're telling me be happy as somebody else is in pain now ???
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Their problems doesn't make me smile here. I want solutions to my problems.
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
more...

bobzibub
04-01 04:48 PM
I'm not saying we don't have rights, but what you are asking are the internal workings of a government agency.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
We are the USCIS's customers. They wouldn't exist without us. We have a right to make sure that they are being run effectively and efficiently. They have a responsibility to be transparent in their operations, because without that transparency there can be no accountability.
I don't believe that asking about government processes is beyond our rights. Sure we may not be US citizens, but if an American was in my country being given the run-around by a government organization in my country, I would expect that my country would answer their questions too.
You can't even vote. You can't even just change employers without hassle. You can't even just leave the country and come without proper documents. You can't even apply for a student loan. You can be deported any time you have a problem. You can't even renew your driver's license without showin proof of proper residency.
Even with GC your rights are still not as good as a US citizen.
Yes we do have rights.
But the government is only answerable to a certain level. You cannot ask for information of the internal workings of a government. That's not going to happen.
We are the USCIS's customers. They wouldn't exist without us. We have a right to make sure that they are being run effectively and efficiently. They have a responsibility to be transparent in their operations, because without that transparency there can be no accountability.
I don't believe that asking about government processes is beyond our rights. Sure we may not be US citizens, but if an American was in my country being given the run-around by a government organization in my country, I would expect that my country would answer their questions too.

deepimpact
08-23 03:18 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
more...

SAP
08-23 02:31 PM
i have 14 yrs full time exp,
i have MBA
i have made significant contributions for my comp and saved millions over a period of time; and i can get reference letters from top mgmt
my question can i file my own 140 under exceptional ability category. ? and just to make sure do i need a labor ?
regards
sap
i have MBA
i have made significant contributions for my comp and saved millions over a period of time; and i can get reference letters from top mgmt
my question can i file my own 140 under exceptional ability category. ? and just to make sure do i need a labor ?
regards
sap
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hsd31
09-01 01:33 PM
kalinga_sena case seems to be the worst.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
more...

billu
09-07 12:46 PM
With so many of us waiting for GCs for 5/10/15 years, makes me wonder what exactly is the motivation??what benefits/advantages does the GC bring ?one major advantage is that the spouse can work (which many of us already have -thanks to july 2007). So being on EAD or Green card-how is this different from h1b?what are some things one can do on GC that they were not able to do on h1b??i am trying to motivate myself for the long wait and need to reinforce that its indeed worth it..
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chantu
07-11 11:27 AM
I have one question?
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
more...

veni001
08-22 10:30 PM
Here is the link....
http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Kazarian%20Guidance%20AD10-41.pdf
:rolleyes:
http://www.uscis.gov/USCIS/Outreach/Interim%20Guidance%20for%20Comment/Kazarian%20Guidance%20AD10-41.pdf
:rolleyes:
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drak70
09-13 07:04 PM
contact all major TV channels and newspapers.... (phone /email)
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
more...
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vik352
12-18 04:32 PM
My I-140 was applied in May 2007 but I never got the approval until recently. My company opened a service request 30 days ago and I got the approval on Dec 12th. Service request helped in my case.
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bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
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pappu
09-13 08:03 PM
here is the java code in case anyone wants to generate for different states..
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
please email the file to media at immigrationvoice.org with instructions how to implement/use it. This will be very useful.
each URL gets 100 mediaids..
i tried creating the file and attaching it but for some reason upload failed everytime. not sure why. So here you go...
public class GenerateClass {
public static void main(String[] args) {
for (int j = 0; j < 65; j++) {
int startNum = j * 100;
StringBuffer sb = new StringBuffer();
for (int i = startNum; i < startNum + 100 ; i++) {
sb.append("&mediaid=").append(i);
}
System.out.println("http://capwiz.com/aila2/mail/compose/?type=ME&alertid=" + sb.toString());
System.out.println("\n\n");
}
}
}
please email the file to media at immigrationvoice.org with instructions how to implement/use it. This will be very useful.
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shankar_thanu
07-18 12:49 PM
after going through some of the posts, i understand that there were earlier attempts to add SKIL amendments to other bills but it didnt fly..
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
more...
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mirage
04-03 08:55 AM
Congratulation to you two, you successfully diverted everybody from the objective of the thread..
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skv
06-22 03:13 PM
so it is tied to the applied applications can you not check someones elses application
-M
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
-M
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
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ps57002
07-22 12:48 PM
can people also give idea how long/when u got the certified hard copy of approval esp if from atlanta
onemorecame
07-24 12:14 PM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
how did you applied in i-485 on June 2007? or you applied on July 2nd?
saimrathi
08-10 01:46 PM
Did you file concurrent?
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
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