unitednations
03-24 11:45 AM
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
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Green_Always
03-28 11:42 AM
This Thread is UN's -- :-)
pete
04-09 01:01 PM
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
Consultants need to be curtailed.
I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.
We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.
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GCOP
07-13 09:36 AM
Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.
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satishku_2000
05-16 10:40 PM
Is this bill in the senate committee or scheduled for voting sometime?
matreen
07-13 07:26 PM
I think we should support this letter and push for it.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
more...
matreen
07-13 07:26 PM
I think we should support this letter and push for it.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
2010 CLEAN GREEN EARTH - CLEAR,
akela_topchi
01-09 06:16 PM
Despite of several warnings by Israel, Hamas (that is elected by Palestine people) was launching rockets on the civilian population of Isreal. (and hardly any in Islamic world condemned it)
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
What were they thinking? They were just provoking Israel, and when it retaliated, suddenly all those Palestine and Hamas sympathizers are crying foul asking for mediation and intervention. I would say Israel has a right to wipe out any element that was involved in attacking their civilian population.
If some cowards are hiding behind their own women and children and launching attacks, rockets on Israelis then shouldn't they be asked to stop using innocent civilians for cover and fight like soldiers?
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sledge_hammer
03-25 01:23 PM
I thought my contribution paid for the disk space occupied by my very insightful and valuable posts on IV!!!
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
Where is my refund?!?!?!
:D
Winner, You truly are with this comment....
On a lighter note, UN and Sledge, we charge you $ for post from now on in this thread...Running out of diskspace.....
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unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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riva2005
05-16 06:51 PM
It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.
Thanks for listening and responding so far.
And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.
It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.
Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.
Thanks for listening and responding so far.
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nixstor
03-23 12:36 AM
If you want to buy a home after you get your green card, mostly you will get after your retirement.
I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.
I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.
who cares when life matters.
First sounded funny, then it made helluva sense.
I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.
I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.
who cares when life matters.
First sounded funny, then it made helluva sense.
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unitednations
03-24 02:50 AM
Just some other info for people.
One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.
Somehow one of the anti immigrant groups was able to get on the e-mail list.
Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.
Now; who knows whether person passed on the e-mail to depatment of labor, uscis.
One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.
Somehow one of the anti immigrant groups was able to get on the e-mail list.
Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.
Now; who knows whether person passed on the e-mail to depatment of labor, uscis.
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NKR
04-14 03:37 PM
Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.
It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.
Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".
Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.
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Refugee_New
01-06 03:56 PM
When (so called) indian leaders will learn from Isreali counterparts ??
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
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nojoke
04-06 04:24 PM
The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.
No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.
No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.
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meg_z
08-06 09:53 AM
How come the concern???
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.
According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.
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srr_2007
04-07 12:17 AM
My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.
Please forward the text of this bill to all your employers and ask them to join hands with IV.
Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.
They will earn more with less people and buy all the new model cars and houses everywhere in US.
This is our problem and we have to fight for our good.
Please forward the text of this bill to all your employers and ask them to join hands with IV.
Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.
They will earn more with less people and buy all the new model cars and houses everywhere in US.
This is our problem and we have to fight for our good.
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Refugee_New
01-07 02:40 PM
All Muslims are NOT terrorists, but all terrorists ARE muslims.
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.
May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?
panky72
08-11 04:04 PM
Dear banta
Vahe Guru !
I am in a well here and hoping you are in the same well there. I'm writing this letter slowly, because I know you cannot read fast.
We don't live where we did when you left home. Your dad read in the newspaper that most accidents happen 20 miles from home, so we moved 20 miles. I wont be able to send the address as the last Sardar who stayed here took the house numbers with them for their new house so they would not have to change their address. Hopefully by next week we will be able to bring our earlier address plate here, so that our address will remain same too.
This place is really nice. It even has a washing machine, situated right above the commode. I'm not sure it works. Last week I put in 3 shirts, pulled the chain and haven't seen them since.
The weather here isn't too bad. It rained only twice last week. The first time it rained for 3 days and second time for 4 days.
The coat you wanted me to send you, your Aunt said it would be a little too heavy to send in the mail with all the metal buttons, so we cut them off and put them in the pocket.
Your father has another job. He has 500 men under him. He is cutting the grass at the cemetery.
By the way I took Bahu to our club's poolside. The manager is really badmash. He told her that two-piece swimming suit is not allowed in this club. We were confused as to which piece should we remove?
Your sister had a baby this morning. I haven't found out whether it is a girl or a boy, so I don't know whether you are an Aunt or Uncle.
Your uncle, Jetinder fell in a nearby well. Some men tried to pull him out, but he fought them off bravely and drowned. We cremated him and he burned for three days.
Your best friend, Balwinder, is no more. He died trying to fulfill his father's last wishes. His father had wished to be buried at sea after he died. And your friend died while in the process of digging a grave for his father.
There isn't much more news this time. Nothing much has happened.
P.S: Beta, I was going to send you some money but by the time I realized, I had already sealed off this letter.~~~~~ ~~~
Vahe Guru !
I am in a well here and hoping you are in the same well there. I'm writing this letter slowly, because I know you cannot read fast.
We don't live where we did when you left home. Your dad read in the newspaper that most accidents happen 20 miles from home, so we moved 20 miles. I wont be able to send the address as the last Sardar who stayed here took the house numbers with them for their new house so they would not have to change their address. Hopefully by next week we will be able to bring our earlier address plate here, so that our address will remain same too.
This place is really nice. It even has a washing machine, situated right above the commode. I'm not sure it works. Last week I put in 3 shirts, pulled the chain and haven't seen them since.
The weather here isn't too bad. It rained only twice last week. The first time it rained for 3 days and second time for 4 days.
The coat you wanted me to send you, your Aunt said it would be a little too heavy to send in the mail with all the metal buttons, so we cut them off and put them in the pocket.
Your father has another job. He has 500 men under him. He is cutting the grass at the cemetery.
By the way I took Bahu to our club's poolside. The manager is really badmash. He told her that two-piece swimming suit is not allowed in this club. We were confused as to which piece should we remove?
Your sister had a baby this morning. I haven't found out whether it is a girl or a boy, so I don't know whether you are an Aunt or Uncle.
Your uncle, Jetinder fell in a nearby well. Some men tried to pull him out, but he fought them off bravely and drowned. We cremated him and he burned for three days.
Your best friend, Balwinder, is no more. He died trying to fulfill his father's last wishes. His father had wished to be buried at sea after he died. And your friend died while in the process of digging a grave for his father.
There isn't much more news this time. Nothing much has happened.
P.S: Beta, I was going to send you some money but by the time I realized, I had already sealed off this letter.~~~~~ ~~~
brij523
07-07 09:50 PM
1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.
2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number
1-800-375-5283, press 1..2..2..6..1..your case number..1..
wait for the automated status message then. select.3..4
3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help
4) Call customer service - 1-800-375-5283 and talk to rep.
Best of luck
2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number
1-800-375-5283, press 1..2..2..6..1..your case number..1..
wait for the automated status message then. select.3..4
3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help
4) Call customer service - 1-800-375-5283 and talk to rep.
Best of luck
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