samay
07-14 06:08 AM
[QUOTE=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):
- my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
- applied for LC amendment and returned original LC to BEC, right then
- No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
- Applied EAD and AP, on July 2nd 2007
- meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
- 140 that was applied in April 2007 is still pending
- Atty says that we will send the amended LC once we get an RFE
Should we wait for an RFE or should we inform USCIS about the amended code?
In my opinion you should have filed a copy of amended LC with the USCIS when you received it.
- my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
- applied for LC amendment and returned original LC to BEC, right then
- No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
- Applied EAD and AP, on July 2nd 2007
- meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
- 140 that was applied in April 2007 is still pending
- Atty says that we will send the amended LC once we get an RFE
Should we wait for an RFE or should we inform USCIS about the amended code?
In my opinion you should have filed a copy of amended LC with the USCIS when you received it.
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whatamidoinghere
02-22 04:26 AM
Looks like lot of data is available for us to crunch on:
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
waitingmygc
01-14 02:30 PM
By remembering July, 2007 fiasco, I see an opportunity to build a lobby here in favor of legal immigrants (H1B, waiting for GC etc.)which will help all.
Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.
Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.
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Canuck
02-14 01:03 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.
I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.
I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.
more...
gc1024
07-24 02:59 PM
Whys is India never an option to go back? After all, the economy is booming isn't it?
Ramba
08-17 03:29 PM
OMG. This useless news prompted for more than 10 pages. This clearly shows how Indians are victimized for cinema. This is a clear example to show popularity in cine field and money can do any thing in India. Millions of people suddenly back SRK. No one has bothered for APJ when he was frisked at Indian Soil. Now, millions of peoples, media, and government are backing this SRK, just for 2 hours interrogation that he faced in the airport. No one has bothered about thousands of innocent muslims they undergo similar checks at US airport, everyday. No one has bothered about some Mur�ali� from India has to wait additional 2 years for his name check to be cleared for his 485 approval. No one has bothered about millions of social security money contributed by H1Bs, that�s not ported to India when they returned.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
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amsgc
12-19 07:32 PM
Guys,
I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.
I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.
Some information can be:
1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
2. State, County and Zip Code
3. Current Immigration Status
4. I-140 approved: Yes/No
5. I-485 pending: Yes/No
6. Number of dependents
7. Do you own a house: Yes/No
8. Will you consider buying a house if GC is approved? Yes/No
9. Profession
10. Expected 2007 year Taxes - (1) State (2) Federal
We can add more fields if needed.
Now, this information can be presented in a numerous ways, for example:
1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.
2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house
2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved
I understand that there are two challenges here:
1) Getting people to write to IV
2) Collecting the data. I have some thoughts on this:
- Perhaps we can have a PO Box for each region
- We can have the state leader, and a couple of others go through this information
- We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.
I think data collection and organization is doable. The hard part is getting the community involved.
Any thoughts guys?
I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.
I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.
Some information can be:
1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
2. State, County and Zip Code
3. Current Immigration Status
4. I-140 approved: Yes/No
5. I-485 pending: Yes/No
6. Number of dependents
7. Do you own a house: Yes/No
8. Will you consider buying a house if GC is approved? Yes/No
9. Profession
10. Expected 2007 year Taxes - (1) State (2) Federal
We can add more fields if needed.
Now, this information can be presented in a numerous ways, for example:
1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.
2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house
2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved
I understand that there are two challenges here:
1) Getting people to write to IV
2) Collecting the data. I have some thoughts on this:
- Perhaps we can have a PO Box for each region
- We can have the state leader, and a couple of others go through this information
- We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.
I think data collection and organization is doable. The hard part is getting the community involved.
Any thoughts guys?
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vamsi_poondla
02-14 12:51 PM
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
more...
jhaalaa
01-13 02:49 PM
When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
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krishmunn
07-27 10:43 AM
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
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fide_champ
08-17 11:17 AM
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.
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hindu_king
05-29 02:53 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
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RNGC
02-15 02:11 PM
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
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gc28262
01-16 01:51 PM
victimOfGc,
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
more...
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sameer2730
01-19 11:33 AM
Just because no one can trace you on an anonymous forum please do not say anything that comes to your mind. These are hard times. Please chip in with genuine solutions else keep to yourself.
This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.
This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.
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eb2_mumbai
09-28 10:48 AM
I have a few questions of guru's on this forum.
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?
The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.
At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture
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wellwishergc
07-03 04:32 PM
I would suggest getting the congressmen/senators' attention on this issue. If not a short-term benefit, this issue may give us mileage to get a legal-immigration based bill rolling this year.
Here is one more to digg
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
Here is one more to digg
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
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okuzmin
05-25 12:34 PM
I provided a statement of funds with the original application. They asked for an updated statement when they sent a request for medicals and updated FBI fingerprints. So, you'll most probably have to provide a letter from your bank twice.
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gc_lover
06-28 12:52 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
Yes it is fine.
Yes it is fine.
Circus123
02-14 01:03 PM
You are eligible to apply on the first business day of March 2008.( which is 1st ) until the last business day of March 2008 (Monday March 31st)I wouldn't wait for March end if I were you ...
ksircar
01-28 08:43 AM
We should not discuss this type of advertisements in this forum, we are giving them indirect publicity.
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