chennaikar
03-31 12:20 PM
In the USCIS Ombudsman Report In the USCIS Ombudsman Report http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
chi_shark
03-11 11:08 AM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
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uma001
07-29 05:11 AM
A sure invitation for defamation suit. Good luck.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
more...
vghc
07-03 12:51 PM
I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.
Yes, i recall seeing that too.
I don't like seeing families being torn apart......the best solution is to increase the number of GC for all of us. But that won't happen. :(
So the next best thing in my opinion, is to give GC's to principle applicant. That would benefit the country as a whole and all those who are working in this country.
Yes, i recall seeing that too.
I don't like seeing families being torn apart......the best solution is to increase the number of GC for all of us. But that won't happen. :(
So the next best thing in my opinion, is to give GC's to principle applicant. That would benefit the country as a whole and all those who are working in this country.
diptam
06-30 07:24 PM
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
more...
andy garcia
01-26 09:40 AM
I had trouble sifting through all that data and figuring out what that was all about.
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
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cowboy
07-18 11:14 AM
My case was sent by my attorney June 29th (current July bulletin) USPS certified mail.
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that’s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
As per USPS online tracking record it was delivered July 2nd 12.45 PM.
No receipt yet. So far sounds okay.
But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.
It is a stamp so some of their employee clearly has stamped it.
Now I am confused if that’s the receipt date they are going to go with and may reject the application.
And with this many application it may take more than AUG 17th to receive anything back.
I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.
And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.
Anybody in the same situation? Any advice?
Thanks
more...
MahaBharatGC
10-22 04:40 PM
:p
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
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grinch
03-14 07:30 AM
If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.
Sounds good 3d, I'll actually look toward a battle like that.
It'll be my first character project, but I'll be looking foward to it.
Sounds good 3d, I'll actually look toward a battle like that.
It'll be my first character project, but I'll be looking foward to it.
more...
Macaca
01-18 08:15 AM
We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
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sunny1000
07-02 02:07 AM
I talked to my Professor where I did my masters and he agreed to sign the online petition. He is one of top researchers in his field. Imagine if we can get signatures from such great . Professors, outstanding Scientists, CEO's and Directors of big companies, Journalists (like the one who wrote nice article in Washington post about legal immigration) and probably Bill Gates. This would create great attention for our cause. They are lots of people out there who support legal immigration and its time to bring them together and show it to the world in a petition.
If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.
I will gladly sign this petition as well.
Can you please ask your professor to call Rep.Lamar Smith to voice his support for the Lofgren bills? That would be greatly appreciated.
Thanks.
If anyone thinks this is a good idea, can you just leave a message saying that you support it. At least we know how many people are interested in this forum.
I will gladly sign this petition as well.
Can you please ask your professor to call Rep.Lamar Smith to voice his support for the Lofgren bills? That would be greatly appreciated.
Thanks.
more...
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go_gc_way
12-28 11:13 AM
Thanks Boreal,Subba.
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
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msp1976
04-10 03:14 PM
Can apply through company A...
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bigboy007
06-30 05:57 AM
Sorry didnt follow up this thread , i dont know why USCIS is asking for colored copies , Passport i dont know but i have seen in clearly through state of ILLINOIS website some where about ITS ILLEGAL TO TAKE ID COLOR COPIES i noticed this when i am taking photo copy color and fedex kinko's person and tore away the color copy and said we both will be at risk as its strictly illegal. I dont know about other states and hence said so , let the RFE come i will then send it for DL; i am sending the one for passport in color though. i enquired with my lawyer he said thats fine just to update you .They might be asking it for clarity in picture i achieved the same using color copier but B/W with light tone effect. It came really good. I hope that useful.
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jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
more...
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ss_col
07-11 01:57 PM
Not to be a damper but I think theres something else thats going on and its not for the benefit of EB2. I know many people before April 04 who have not got their GC's. Anyways, lets hope for the best.
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abracadabra102
07-14 05:18 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
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lost_in_migration
08-15 04:24 PM
That was my day-dream while sitting @ office ;)
They should have continued down to EB3 w/ those dates..!
They should have continued down to EB3 w/ those dates..!
ss2005
07-11 01:48 PM
If they want to make money, they no need to say that abt 2 year EAD at all.
And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
waitin_toolong
08-15 04:38 PM
Please link it.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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