a_to_z_gc
03-22 01:25 AM
Hi gurus,
Can you please let me know your views on my situation where both my original APs are stamped at the POE when I went to India and came back to US. Since I do not have a third AP original, will I have to get one from USCIS or can I use these two stamped ones to return to US if I intend to travel in near future?
Is it possible to go to nearby USCIS office to get a new original AP?
Please share your views,
Thanks!
Can you please let me know your views on my situation where both my original APs are stamped at the POE when I went to India and came back to US. Since I do not have a third AP original, will I have to get one from USCIS or can I use these two stamped ones to return to US if I intend to travel in near future?
Is it possible to go to nearby USCIS office to get a new original AP?
Please share your views,
Thanks!
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ganesha
02-18 11:30 PM
It would move by 2 or 3 months at the max.
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
ronhira
05-06 12:58 PM
just found this online ni one of the articles
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
Twelve states - Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah - have introduced or are considering introducing legislation similar to the one in Arizona.
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gcseeker2002
05-02 08:37 AM
My guess is that you will probably end up paying more than $600 additional in tax amount.
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
more...
chanduv23
11-17 03:07 PM
Chandu, did you get a chance to read this thread on RG's forums?
http://immigration-information.com/forums/showthread.php?t=6461
so atleast we can say that there is a different opinion exists among attorney's too, than one of that RK's.
As mentioned in some of the above posts,
1. PPL mentioned successful renewal of EAD while MTR was filed.
2. PPL reported been able to continue working while 485 was in appeal due to invocation of 140 by previous employer after 180 days of 485.
So, I am sure there is something that is mis-guiding us here. As suggested above, Do you think if sending an email to CIS ombudsman as an individual would help? or can we do it under IV's banner if that is more effective? Suggestions?
desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.
http://immigration-information.com/forums/showthread.php?t=6461
so atleast we can say that there is a different opinion exists among attorney's too, than one of that RK's.
As mentioned in some of the above posts,
1. PPL mentioned successful renewal of EAD while MTR was filed.
2. PPL reported been able to continue working while 485 was in appeal due to invocation of 140 by previous employer after 180 days of 485.
So, I am sure there is something that is mis-guiding us here. As suggested above, Do you think if sending an email to CIS ombudsman as an individual would help? or can we do it under IV's banner if that is more effective? Suggestions?
desi - I am not sure how we do that but I personally think if we ask such a thing we are letting USCIS send us denial notice even though they must not send it.
newbee7
07-05 12:16 PM
We must try to aviod the I485/ EAD language though.
more...
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HV000
07-22 12:28 PM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
goel_ar
02-18 03:35 PM
pardon my ignorance. But since you already applied for 485, it means you will get GC in april 2009(if pd becomes dec 2005) ?
I agree. Mine is December 15, 2005.
I agree. Mine is December 15, 2005.
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ind_game
05-15 09:50 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
more...
saimrathi
07-05 03:14 PM
Very good news.. Keep it up.. I have done my share of calling/writing to the Representatives...
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
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Roger Binny
07-05 02:55 PM
mbawa2574 for IV president. Anyone?
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.
It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.
Every one starting their own organization or asking to do so doesn't solve the purpose.
more...
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Edison99
12-10 07:49 AM
Congrats AllVNeedGcPc on your labor approval and you are one inch closer to freedom!
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
Hello 9years: Thanks for sharing the info all along. A quick question:
I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.
Is this recommended or should we do regular premium 140 and request date porting once its approved?
If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?
Thanks,
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Jimi_Hendrix
12-14 02:55 PM
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
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khukubindu
01-03 11:42 AM
Hello,
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
We ( I and my wife) applied I-485, AP and EAD on July 26th, 2007 got recipt on Sep 26 th,2007. Finger printing done on Oct 31, 2007. My wife got her EAD and AP( 11/09/2007) and I got my EAD but my AP is not approved yet. I contacted with Texas Service center and they told that our (for me and my wife) namecheck and finger printing have been cleared. But my AP is pending because of background check. I asked is it different kind of check , she said yes but as usual could no tell how long it usuallky take to complete this kind of check and also when this background check has been requested.
I need to travel in January. Does anyone has the same situation ? Please reply
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JazzByTheBay
09-13 07:18 PM
Just can't work for it without a H1B... :)
jazz
yes, I did earlier this week :-)... You can anything GC can do in EAD....
jazz
yes, I did earlier this week :-)... You can anything GC can do in EAD....
more...
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joydiptac
03-13 02:44 PM
Hi guys,
In my college days, I was returning to Varanasi(ITBHU) after spending Holi at my Aunts place in Delhi. It was warm, so I tried with all my might to open the stuck glass window next to me. I tried and tried, gave up... only to try again, to open the damned window. Finally, with help from my neighbours I was able to get the window open. Nice cool air came in. Everything was perfect. Then suddenly it happened. The train was entering Ghaziabad, there were these slumdogs aiming cow dung at the train. Needless to say, I got hit and totally covered with shit literally. :eek:
Here I am again trying hard to open the window of opportunity... GC, for the fresh air of freedom to enter my life.
Is all this delay a blessing in disguise? Food 4 thought.
n'
Joy
B'Happy... B'Informed...B'Khush
www.bkhush.com
In my college days, I was returning to Varanasi(ITBHU) after spending Holi at my Aunts place in Delhi. It was warm, so I tried with all my might to open the stuck glass window next to me. I tried and tried, gave up... only to try again, to open the damned window. Finally, with help from my neighbours I was able to get the window open. Nice cool air came in. Everything was perfect. Then suddenly it happened. The train was entering Ghaziabad, there were these slumdogs aiming cow dung at the train. Needless to say, I got hit and totally covered with shit literally. :eek:
Here I am again trying hard to open the window of opportunity... GC, for the fresh air of freedom to enter my life.
Is all this delay a blessing in disguise? Food 4 thought.
n'
Joy
B'Happy... B'Informed...B'Khush
www.bkhush.com
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gc28262
07-06 03:40 PM
I think it is time we threw away the concept that democracy is the best.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
This post of mine has been targeted for reds by some members. Why should any IV member who is still waiting for his GC be offended by this ?
If so, please come out in open and express your opinion.
Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?
I always prefer an open self nominated leader to a democratically elected leader.
OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.
This post of mine has been targeted for reds by some members. Why should any IV member who is still waiting for his GC be offended by this ?
If so, please come out in open and express your opinion.
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karanp25
07-11 11:36 AM
I can understand the excitement. I am also in EB2 2005 PD. But the fact is that, this seems like a temporary movement only...i don't think dates can stay at 2006, going by simple math.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
PPl can give me those red marks, but i think dates will retrogress again by Oct.
Libra
09-11 01:56 PM
thank you leoindiano.
satishku_2000
07-05 05:10 PM
CALL your state senators. State senators are interested in listening from people who reside in their respective states, Cause they technically represent them. So they want to hear what affects their constituents.
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
I did that already ...:)
Call your state senators first, then call your house reps, (remember logfren is a house rep) and then the others.
I did that already ...:)
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