AabTuAgaGC
01-04 05:50 PM
helpless situation. Got to stay cool :cool:
I was cool till last month. But, now it has been over 6 months for me and everytime I call them up they just tell me to wait or just end up with a stupid answer. I mean, there is a limit to ones patience. I had to ask my parents to postpone my sister's wedding, which was to be held in November and was thinking that I will get my AP by February. But, so far nothing yet. I can't just ask them to keep on postponing the wedding plan every now and then. It's so fuckin frustrating :mad::mad:
I was cool till last month. But, now it has been over 6 months for me and everytime I call them up they just tell me to wait or just end up with a stupid answer. I mean, there is a limit to ones patience. I had to ask my parents to postpone my sister's wedding, which was to be held in November and was thinking that I will get my AP by February. But, so far nothing yet. I can't just ask them to keep on postponing the wedding plan every now and then. It's so fuckin frustrating :mad::mad:
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hindu_king
03-04 12:04 PM
LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.
Try www.google.com
Try www.google.com
Marphad
03-03 05:07 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
I owe you a drink if this is true :)
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
I owe you a drink if this is true :)
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jungalee43
04-29 03:58 PM
Can there be link for FAX for the guest members? I can get about 100 people to send fax. They are members of Indian community (many are citizens) and may not have time to make phone calls. But with simple provision to send fax at one time to all these senators, I am pretty sure I can get 100 people to send faxes.
Again the provision is required for guest members who are willing to write their address and phone number.
Again the provision is required for guest members who are willing to write their address and phone number.
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insbaby
07-06 01:02 AM
Any volunteers? Why don't I see a single volunteer! Seriously, can we have an election without candidates?!
Not Volunteers but Leaders...
Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.
Not Volunteers but Leaders...
Volunteer is a person who takes responsibility and does a single task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.
guy03062
03-09 08:33 AM
Please post any important updates here...seems today's session is already started...
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baleraosreedhar
12-18 03:59 PM
Hi
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
I am sreedhar, I am in redlands ,inland Empire.
Currently waiting for my PD to be current to apply for GC.
My Details are
PD Oct 2004 EB3
I 140 Approved.
looking forward for future conference calls.
Thanks
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inskrish
09-28 09:53 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
Well, do you want to be the most cursed person in the world?:D
Regards,
IK
Well, do you want to be the most cursed person in the world?:D
Regards,
IK
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nlssubbu
07-24 06:42 PM
If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
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RN_Usa
07-31 11:39 AM
i m Nurse on h4 and waiting to finish my Nclex exam fast. Lack of nclex certificate make us loss the chance for applying for imigration petition..
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Jimi_Hendrix
11-05 11:36 AM
Hi All,
I am an IV member living in Southern California. I wanted to give a loud 'hello' out to all members in this region. It will be great to know some of the members so that we can interact. Can you please post back a response with what counties you live in? This way we can get some idea about where members are residing.
Looking forward to your responses.
Cheers,
Jimi
I am an IV member living in Southern California. I wanted to give a loud 'hello' out to all members in this region. It will be great to know some of the members so that we can interact. Can you please post back a response with what counties you live in? This way we can get some idea about where members are residing.
Looking forward to your responses.
Cheers,
Jimi
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Desi Unlucky
09-11 09:50 PM
Here is my contribution.
Google Order #171518030739621 ($100)
Keep up the good work.
Google Order #171518030739621 ($100)
Keep up the good work.
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fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
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raju123
06-01 04:00 PM
This might be useful to you.
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
more...
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black_logs
03-09 12:40 PM
Yeah that's the million dollar question, schedule A workers allready have 50K qouta, but that kicks off only after the regular EB3 numbers becomes unavailable, so they first use the regular EB3 number. Now they might have kept the status qou on that rule(first use regular EB-3 quota) and then instead of giving a fixed 50K quota they may use as many numbers after that. So basically what I'm saying is for non schedule A workers this amendment may not mean any thing.
It's a pessimistic view, but that's how immigration system have been in past 3-4 years.
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
It's a pessimistic view, but that's how immigration system have been in past 3-4 years.
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
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centaur
04-14 01:44 PM
I just got my H-1b renewed and no-one asked for the drivers license.
Maybe your lawyer's office just has a policy to ask for copy of everyones license for their records. Lots of professional buisnesses do this (physicians, lawyers' CPA's office etc.), but this is for their internal records and to be used in case of collection issues, for non-payment of their bills and such.
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
Maybe your lawyer's office just has a policy to ask for copy of everyones license for their records. Lots of professional buisnesses do this (physicians, lawyers' CPA's office etc.), but this is for their internal records and to be used in case of collection issues, for non-payment of their bills and such.
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
more...
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globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
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dhesha
09-08 11:49 AM
I think, we should try to make a law that says to give the citizenship after 5 years from the day when I-1485 was filed (and not when it was approved). This will benefit majority of us who have waited forever after filing I-1485 and does not deserve to spend another 5 years if they wish to take Citizenship.
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HV000
07-22 12:28 PM
NY/NJ/CT/MA Members -
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
Please write to Sen.HILARY CLINTON expressing your dissatisfaction or concern with regard to failure of Sen.Cornyn Amendment. It's critical that we as Indians get her opinion on this issue. She voted NO on this amendment DESPITE the indian lobby contributing to her campaign. Also its likely that she might become our next president.
Obviously, Sen.Obama does not care much for Indians!
vgayalu
06-01 10:01 AM
Hi Guys,
How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.
How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.
GCard_Dream
07-06 05:31 PM
Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?
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