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  • sumansk
    12-21 05:44 PM
    Hello Pappu,
    I have written this article on the plight of Work visa holders.Feel free to make editions.

    Here it is..

    Rewards of Being a Legal Immigrant!

    The spirit of this nation had always been to award hard working and law abiding people irrespective of their color, race, culture or origin. But off late there has been a rise in the anti-immigration sentiment. One reason for this is an alarming rise in the illegal immigrants in United States estimated to be around 12 million. This has led many to believe that immigrants in general are not good for the already settled (Permanent residents and Citizens) Americans and they depress economy and put burden on the economy. This is a false notion harbored by many and needs analysis. First of all there is a vast difference between a legal and an illegal immigrant. A legal immigrant or people living temporary are here to help this nation make progress and are here to contribute to the economy of this nation. They have come here on the specific request by the companies; universities and other organizations. They are unnecessarily being victimized for their status as part of the larger immigrant community. They are the most misunderstood community today among the immigrants in general.

    The temporary visitors largely are H-1 B, L-1 and Business visa holders .Many of these people are here for many years and waiting for their Green Card after having applied for it. While they continue to work for the same employer waiting for their permanent residency, they feel stagnated in their career path, salaries and even on personal development front because the law does not permit them to change employer while their green card is under process. If they do change then the whole process will have to start afresh.
    As one frustrated and depressed work visa holder, Rajneesh puts it ?The plight of an immigrant can only be understood by those who are in the same shoes?. A legal immigrant who is in USA is only here on invitation by the US based companies or organizations willing to legally sponsor them for reasons that they do not have enough skilled professionals to do the job. The fate of being a person waiting in queue for a Green Card was never dreamt by me unless I was a victim of such a wait myself. The whole life revolves around waiting for just one card called green card. All the life?s plans are shelved off for some future dates. Many of them wait for settlement as they fear that buying a home or property or starting their own company may be at risk if their green Card is not approved or if they are out of status and in that case they may have to leave the country. There is a constant fear lurking in their psyche that what if they are laid off when they are waiting for their visa dates to become current so that they can apply for adjustment of status. Their dependent wives cannot work legally as law does not permit them to work while on dependent visa. These in many cases have resulted in domestic violence and depressed spouses resulting in disturbed and broken families.The spouses of these legal temporary residents stay at home and feel frustrated as they are also highly educated and can tremendously contribute to the development of the nation if given an opportunity. They feel choked as they have to plan well ahead in time for visits to home country and have to keep themselves abreast with latest immigration laws and by laws. A lack of this planning and understanding has resulted in many being denied entry while trying to re-enter. There are so many issues that they have to deal with being a temporary resident here just because they chose to come to America in search of realizing the American Dream. Most of them feel as if they made a wrong decision having come to America. This has sent a negative feedback in their native countries that America is no longer a welcoming nation for temporary work visa holders and one may have to wait up to more than ten years to get permanent residency. This feedback has turned many potential high tech and software professionals elsewhere. The current wait time in Canada and Australia is less than a year. European nations are also becoming a very welcoming society for these people. So the competition to secure them is getting hot.

    While the wait becomes long the anxiety and depression starts to sets in most of the cases. Many have therefore already left this country and this is a drain on the economy as they are now a part of other nation?s economic development. Many of this class of people were educated in United States and were contributing but the immigration laws have forced them to go elsewhere. This class of people have advanced degrees from either US or other countries and have an average work experience of more than 3 years.They form the top class professionals among the populatoin and their loss is a loss to this nation.America is land of opportunity and for those willing to work hard for a better future should be rewarded and taken care of, but it seems there is no one listening right now to their voice. The spirit of America seems to be getting lost somewhere.

    There are organization and groups like NumbersUSA who oppose any increase in their visa numbers which can drastically help these victims of bureaucracy, but due to their short sightedness they fail to see that the same people whom they are opposed to will help increase the economic well being of this nation once they become permanent residents. This is so because once they get permanent residency, they all will move up in the ladder demanding higher salaries and thus supporting the proponents of anti-immigrants view point. Right now they are all stuck in the same state for years. This may in some case lead to their exploitation which may in fact depress wages. Their short-sightedness, misinformation and vague propaganda have created an atmosphere where the na?ve public fails to understand the difference between the real benefactors and illegal immigrants. This has led public develop an overall anti-immigrant sentient.
    Presently there is a bill pending in Senate called the SKIL bill (S.2691) introduced by senator John Cornyn (TX) Co-sponsored by George Allen (R, VA), Wayne Allard (CO), Bennett Robert (UT) and others. There is another related bill introduced by John Shadegg (AZ).This bill seeks to increase the annual visa caps for Immigrants visa under Employment category, exempt students who earned masters in USA, Allows to apply for Adjustment of Status even though there may not be immediate available Visa numbers. The bill is intended to secure the American competitiveness in 21st century while countries like India, China, Australia and European countries compete for skilled man power in Software and high tech sector to secure their competitiveness. This bill will help reduce the wait times for Temporary work Visa holders helping them assimilate faster in US society and thus securing the nations? interest.
    There are reforms for this class of immigrants in the much debated comprehensive immigration Reform Bill passed by Senate but congress did not pass it. These provisions got lost in the shadow of illegal immigration debate and therefore separate bills were introduced by way of SKIL Act of 2006 to take care of the plight of Temporary visa holders. By clubbing the provisions for both legal and illegal population in one bill did much harm to this community as they were totally neglected by the congressmen. These people pay taxes, social security (unfortunately cannot be claimed once they leave this country), contribute to the social causes by volunteering, donating during emergencies and they very much feel themselves a part of this nation.
    But the administration failed to reform current Visa availability issue which is doing much harm to the nation.
    The public is expected to understand the plight of these people and pressurize congress to pass this bill and not misunderstand the other immigration bills pending in senate which are controversial. These people deserve credit and appreciation for helping this nation and definitely needs a much awaited attention from the public and Government.

    Surendra K Suman
    http://surendraksuman.blogspot.com/
    ________
    CR125M (http://www.cyclechaos.com/wiki/Honda_CR125M)




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  • icedgin
    07-30 01:38 AM
    Angel,
    Good to hear that you are a Kabayan!I am currently in Marikina City.My wife is also calling friends and colleagues to contact Senators and Congressmen.I also had my sister(teacher) and cousins (nurses) contact theirs too even way back in Nov 06 when SKIL was being pushed in the new Congress. It is almost a year and at the latest the SChumer/hutchison amendment was withdrawn. I really hope something does pass for Sched A this year.

    How come you did not accompany your wife when she went Stateside?




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  • CADude
    07-26 04:47 PM
    Read Section 6 of SOP [first para]. Please don't guess. As explained by many it's combination of RD and PD.

    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??




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  • rustamehind
    07-24 03:03 PM
    I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.

    I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D

    Paaji , Hope your are not from Punjab Police.Everyone is scared of them , that might be the reason , why your application was pocessed out of turn.:D

    Just kidding , N'joy man , you are one lucky guy.



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  • diptam
    10-08 12:10 AM
    The reply that Ombudsman office wrote on Sep 11th came to my hand just today Oct 7th - looks like they have backlog in mailing letters as well.

    Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08

    Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.

    Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.




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  • jvordar
    07-18 06:29 PM
    guys, USCIS agreed to accept all the application but they do not have any visas to adjudicate the application... so they'll only enter the information in their database based on PD and when the date becomes current for the PD thats when they start processing the application... so nothing will be changed in terms of order of processing.. this change will only help us getting EAD/AP...



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  • priti8888
    07-18 04:07 PM
    Consider I-485 Processing as a 2 Door Room. Front Door is for people who's PD has been current for the given month and can apply & Back Door is for Adjudicating People who are already applied & still current for that month.

    The size of the room depends on what date they retrogress it to. If Cutoff date is say 2002, there are few people in that room who would be ready for adjudication. Instead if cutoff date is say 2006, there will be a huge number of people in the room.

    As long as you stay in that room for more month (be current), the more chance you have of getting adjudicated fast, but also depends on how many people are ahead of you per RD.


    Assuming the possibility that PD will be "unavailable" for the next few months at least, then on what basis do they allot visa numbers . PD or 485 receipt date




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  • baburob2
    03-15 06:25 PM
    Overall no big progress w.r.t our title's though Brownback's comment on immigration numbers is good.

    Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
    Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"


    The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.

    The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.

    1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.

    2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.

    3. A Leahy amendment on security-related issues passed by voice vote.

    4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.

    5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.

    6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.

    7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.

    8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.

    9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.

    10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.

    Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.

    Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�

    Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�

    Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.

    Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.

    Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.

    Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�

    Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.

    In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.

    The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.

    http://www.aila.org/content/default.aspx?docid=18835



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  • orangutan
    02-07 02:22 PM
    I myself in the similar situation. My wife wants to send money to her parents every month (BTW her 2 sister and brother live in US since long time). I did a lot for her parents till last year which I stopped. I help them, when they have money they give it to other family members instead of me. Any way the story is, it took lot of time i.e around 2 years to councel my wife to make her understand.

    I told her I can't buy House, no Private Schools, no high end cars. I asked her to make a decision. I clearly expalined her my vision about my career, my view towards the life. She did not completely understand but at this point she is not forcing me (good thing).

    Don't give up, just keep explaining about life. she will get it at some point.




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  • satyasaich
    07-16 01:06 AM
    As i pledged, i will add that additional $50 to make it to $2000 for today
    &
    I'm hopeful

    Satya

    Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)



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  • willIWill
    12-10 07:12 PM
    Repenting that i miised the chance, and should have applied at that time.
    Even if you had applied then when single, no difference my friend.
    One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.

    If it is any solace, you actually did not miss the boat!




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  • billu
    09-04 08:33 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.



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  • add78
    06-18 02:54 PM
    please persuade your friends to join IV and donate.
    each donation counts towards the goal and inspires others.
    bump....




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  • Macaca
    09-14 12:25 PM
    S Mitra Kalita (kalitam@washpost.com) who has written many articles (http://pqasb.pqarchiver.com/washingtonpost/results.html?st=basic&uid=&MAC=50a23aa1f3f5c6104e90e36051420d61&QryTxt=mitra+kalita&sortby=REVERSE_CHRON&x=5&y=1) on us



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  • reedandbamboo
    09-12 07:20 AM
    while you'll contemplate raising the funds and resources for the lawsuit AND try to figure out the rationale for the reverse movement in dates AND while you'll ponder the unfairness of it all, please visit this thread and join us in VOICING OUR DISSATISFACTION:

    http://immigrationvoice.org/forum/showthread.php?t=21340




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  • Suva
    07-16 09:48 AM
    $5 sent and scheduled for every month thereafter. PNC confirmation number is 7YGYZ-R1Z0S. This would be processed on July 18.



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  • mn1975
    01-03 01:22 PM
    Filed on Aug 15th , still pending




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  • jamesbond007
    09-05 04:24 PM
    It is not a good idea to buy property in India now ( at high prices )
    You can see a 30 to 40% decline in prices in coming months/ years.
    Wait and buy.
    As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
    No ICICI

    Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.

    Is it possible to apply for loan with SBI/LIC from here (US)?

    Thank you.

    The prices in Hyderabad are pretty high right now. But I do not think any bubble will burst and they will come down. If anything they will maintain their current value. This is what I noticed during a recent trip to Hyderabad:

    1. The people who are buying at USD$200K or USD$300K are already rich. I think they are just using this as a conduit to convert their black money into white.

    2. People who are buying are not looking for a quick turn around. They are in it for the long haul.

    3. The outer ring road construction is going on in full swing. It is a pretty wide road. Once done, travelling from one corner to the other would not take hours as it is taking now.

    4. The metro rail project recently got awarded to Maytas consortium. They expect to have it working by 2012 and will help travel from the outlying areas.

    5. The development of the city is not being limited to just one corner. Different industries (and SEZs) are being planned in different corners to help growth across the city.

    What once used to be city outskirts with scant houses spread around are bustling with construction activity. And city is expanding tremendously. I can give one example that people who are familiar with Hyd can picture in their mind:
    The road that goes from Lunger Haus to Gandipet via the military area.

    As it was in 1996: Once you crossed Lunger Haus, there were very few civilian houses. There was a small village near the Vasavi Engg College. And then a small village (Narsingi). And then the Gandipet village. There was nothing but open land elsewhere thru the route.

    As it was in August 2008: The military area remains the same. But there are developed houses all the way from Lunger Haus to Gandipet and beyond. And there are still quite a few projects going on to build educational institutions, residential bungalows/condos etc.
    The outer ring road happens to go thru the Narsingi village. And this made the property values in that area to sky rocket.

    Considering all these, if you can afford it, get a piece of action now. But do not expect the value to double in just a couple of years. It will be atleast 4 or 5 years before you can expect your property value to go up significantly.




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  • lkyme
    04-25 12:13 PM
    That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
    1. Company closures/ Layoffs / Transfer to different state
    2. Employer / attorney delay and / or fraud in filing GC
    3. Delays in processing Labor in certain states / backlog centers

    This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.




    Milind123
    09-13 05:56 AM
    Just contributed one time $100 thru' paypal.
    Web Accept Payment Sent (ID # 3BC32596YD273123L)

    Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.




    eb3retro
    03-11 01:37 PM
    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.



    I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.

    Thanks.

    my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE



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