flresident
09-05 02:46 PM
I had got RFE email on 8/28/08. I got the letter today in mail.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
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ak_2006
04-30 02:59 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
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pt326bc
09-28 09:03 AM
It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
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Prashanthi
08-27 03:02 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
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DareYouFireMe
03-12 11:35 AM
If you look closely its for the I-484 stage. I have also been told that the first stage has to be apporved. So the first I-140 has to be approved (earlier priority date). The word 'subsequent' is throwing the confusion around.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
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vicks_don
12-11 02:21 PM
You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.
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uma001
12-19 09:59 AM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
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theMan
01-12 09:16 AM
If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.
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eb3India
09-25 10:19 AM
Here is the mail from AILA,
September 25, 2006
Dear Immigration Advocates-
Your help is STILL needed TODAY! Senate Appropriators will meet late THIS AFTERNOON to decide if enforcement-only bills will be included in the Department of Homeland Security's appropriations package. Urge your Senators to oppose efforts to attach anti-immigration measures to this must-pass bill. Call or email your Senators TODAY - encourage them to weigh-in with Senate Appropriators about this urgent matter.
You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
Email your Senators through Contact Congress on AILA's website. We've already created a sample letter for you to send. All you need to do is enter your zip code, hit send, and your voice will be heard in Congress.
Call your Senators, you can find their telephone numbers in our Congressional Directory and you can use these talking points to help you when you call:
� Congress should stop playing politics with immigration and pass comprehensive immigration reform. These enforcement-only bills will do nothing to enhance border security and will not move us one inch closer to fixing our broken immigration system.
� Attaching these bills to DHS appropriations circumvents the legislative process on an issue of critical national importance; it undermines the intense and unflagging efforts of the Senate to solve this crisis; and it rewards the House for spending the summer attacking the Senate while abdicating its responsibility to the American people.
� Senators should forcefully oppose this effort by the House to nullify the Senate's bi-partison solution. If the Senate acquiesces on these provisions, the House will only be emboldened and will never return to debate comprehensive reform. This will not be "enforcement-first", it will be "enforcement-only."
� For laws to work, they must be realistic and fair. Our current immigration laws are neither: proposals like these that ignore the reality that immigrants come here to work and to be with their families are destined to fail.
� Giving the government unchecked powers to punish immigrants, and making local police chase after immigrants, will only drive undocumented immigrants further underground. It will not fix the problem; it will make matters worse.
We called you to action last week to alert you to an underhanded political strategy from immigration restrictionists to attach three enforcement-only bills to the DHS appropriations bill, a bill that must pass this year. You and your colleagues sent close to 2,000 letters to Congress, but we'll need more letters and phone calls in order to ensure that Senate Appropriators exclude these measures from the bill.
Leaders of the U.S. House of Representatives are working behind closed doors and using procedural mechanisms to attach enforcement-only provisions contained in three bills (H.R. 6094, H.R. 6095, and H.R. 4830) to the Department of Homeland Security appropriations bill, a piece of legislation that must pass this year. Although House leaders label these bills "border security" legislation, they are in fact harsh enforcement measures lifted from Rep. Sensenbrenner's H.R. 4437 that endanger due process rights and do little to make our borders more secure. You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
If these provisions are attached to the must-pass DHS bill, it will be nearly impossible to defeat them. Our best defense against this backdoor strategy is to put pressure on each U.S. Senator and encourage them to oppose any attempt to attach, or further these three enforcement-only bills. We're working hard in Washington to derail these political machinations, but we can't do it alone. We need your help. Please email or call both of your Senators today.
Over the summer House leadership used dozens of faux hearings to stage public displays of aversion to immigration reform. While they kept the media busy and their restrictionist base roiled, they failed to change the minds of the majority of Americans who support a comprehensive solution to our broken immigration system. Nor did they succeed in backing down the U.S. Senators who supported S. 2611, a strong step towards comprehensive immigration reform. Now that House leaders know that the full Senate won't pass their enforcement-only agenda, they have resorted to closed-door politicking. We must fight to prevent the breach of justice that would result from attaching these enforcement-only bills to must-pass legislation.
Please call and email your Senators today. Now is the time for action.
Sincerely,
Marshall
Marshall Fitz
Director of Advocacy, AILA
Email Marshall
The enforcement-only provisions are:
� Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094, which seek to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;
� Section 201 of the Criminal Alien Removal Act contained in H.R. 6094, which would expand the use of expedited removal proceedings to individuals already in the United States - even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people;
� Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094, which would grant unfettered discretion to the executive branch to designate "criminal street gangs" and then strip members of such gangs of virtually all rights;
� Section 101 of H.R. 6095, which gives state and local police authority to investigate, arrest, and detain noncitizens for civil violations of immigration status;
� Sections 301 and 302 of the Ending Catch and Release Act contained in H.R. 6095, which would limit the power of federal courts to grant injunctive relief in civil immigration proceedings, despite acknowledgement by DOJ that such relief does not interfere with efforts to end the practice of catch-and-release.
September 25, 2006
Dear Immigration Advocates-
Your help is STILL needed TODAY! Senate Appropriators will meet late THIS AFTERNOON to decide if enforcement-only bills will be included in the Department of Homeland Security's appropriations package. Urge your Senators to oppose efforts to attach anti-immigration measures to this must-pass bill. Call or email your Senators TODAY - encourage them to weigh-in with Senate Appropriators about this urgent matter.
You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
Email your Senators through Contact Congress on AILA's website. We've already created a sample letter for you to send. All you need to do is enter your zip code, hit send, and your voice will be heard in Congress.
Call your Senators, you can find their telephone numbers in our Congressional Directory and you can use these talking points to help you when you call:
� Congress should stop playing politics with immigration and pass comprehensive immigration reform. These enforcement-only bills will do nothing to enhance border security and will not move us one inch closer to fixing our broken immigration system.
� Attaching these bills to DHS appropriations circumvents the legislative process on an issue of critical national importance; it undermines the intense and unflagging efforts of the Senate to solve this crisis; and it rewards the House for spending the summer attacking the Senate while abdicating its responsibility to the American people.
� Senators should forcefully oppose this effort by the House to nullify the Senate's bi-partison solution. If the Senate acquiesces on these provisions, the House will only be emboldened and will never return to debate comprehensive reform. This will not be "enforcement-first", it will be "enforcement-only."
� For laws to work, they must be realistic and fair. Our current immigration laws are neither: proposals like these that ignore the reality that immigrants come here to work and to be with their families are destined to fail.
� Giving the government unchecked powers to punish immigrants, and making local police chase after immigrants, will only drive undocumented immigrants further underground. It will not fix the problem; it will make matters worse.
We called you to action last week to alert you to an underhanded political strategy from immigration restrictionists to attach three enforcement-only bills to the DHS appropriations bill, a bill that must pass this year. You and your colleagues sent close to 2,000 letters to Congress, but we'll need more letters and phone calls in order to ensure that Senate Appropriators exclude these measures from the bill.
Leaders of the U.S. House of Representatives are working behind closed doors and using procedural mechanisms to attach enforcement-only provisions contained in three bills (H.R. 6094, H.R. 6095, and H.R. 4830) to the Department of Homeland Security appropriations bill, a piece of legislation that must pass this year. Although House leaders label these bills "border security" legislation, they are in fact harsh enforcement measures lifted from Rep. Sensenbrenner's H.R. 4437 that endanger due process rights and do little to make our borders more secure. You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.
If these provisions are attached to the must-pass DHS bill, it will be nearly impossible to defeat them. Our best defense against this backdoor strategy is to put pressure on each U.S. Senator and encourage them to oppose any attempt to attach, or further these three enforcement-only bills. We're working hard in Washington to derail these political machinations, but we can't do it alone. We need your help. Please email or call both of your Senators today.
Over the summer House leadership used dozens of faux hearings to stage public displays of aversion to immigration reform. While they kept the media busy and their restrictionist base roiled, they failed to change the minds of the majority of Americans who support a comprehensive solution to our broken immigration system. Nor did they succeed in backing down the U.S. Senators who supported S. 2611, a strong step towards comprehensive immigration reform. Now that House leaders know that the full Senate won't pass their enforcement-only agenda, they have resorted to closed-door politicking. We must fight to prevent the breach of justice that would result from attaching these enforcement-only bills to must-pass legislation.
Please call and email your Senators today. Now is the time for action.
Sincerely,
Marshall
Marshall Fitz
Director of Advocacy, AILA
Email Marshall
The enforcement-only provisions are:
� Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094, which seek to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;
� Section 201 of the Criminal Alien Removal Act contained in H.R. 6094, which would expand the use of expedited removal proceedings to individuals already in the United States - even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people;
� Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094, which would grant unfettered discretion to the executive branch to designate "criminal street gangs" and then strip members of such gangs of virtually all rights;
� Section 101 of H.R. 6095, which gives state and local police authority to investigate, arrest, and detain noncitizens for civil violations of immigration status;
� Sections 301 and 302 of the Ending Catch and Release Act contained in H.R. 6095, which would limit the power of federal courts to grant injunctive relief in civil immigration proceedings, despite acknowledgement by DOJ that such relief does not interfere with efforts to end the practice of catch-and-release.
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gclabor07
02-12 08:31 PM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
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sunny1000
12-13 01:00 PM
I am going thru the same thing...To answer your question, the travel agent told me that if my passport stamp had expired, I would need a transit visa for all European airports. I would not need a transit visa if I take a direct flight to middle-eastern airports (like Kuwait City, Dubai etc)..The transit visa might take a couple of weeks via mail.....
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".
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answers_seeker
07-18 10:25 AM
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.
This VB fiasco has made us all a little bit too paranoid I guess :)
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.
This VB fiasco has made us all a little bit too paranoid I guess :)
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saibaba
12-18 02:39 PM
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
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meridiani.planum
10-07 05:32 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
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nfinity
06-11 06:09 PM
Another one clicked the link thinking it was out!
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black_logs
11-07 03:50 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
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mbawa2574
06-30 10:44 AM
How can some one with a damn 2 years experience get ahead of someone who is waiting for a while. I am going to report all the desi 2 people :mad: employers to USCIS trying to sell LC. Shut their shops and everything would be normal after that.:mad:
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srikondoji
05-21 05:29 PM
"Senate Majority Leader Harry Reid said the bipartisan compromise reached late last week is imperfect but a starting point for debate."
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
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gouridighade
04-28 04:18 PM
Thanks pd052009, what a sigh of releif...:)
sagittariusarm
09-04 10:13 AM
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
I140 will have the priority date and no receipts will have it.
I140 will have the priority date and no receipts will have it.
Jaime
09-15 08:29 PM
We need the large numbrs in attendance!
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