desi3933
08-13 04:02 PM
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
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mdmd10
07-24 04:03 PM
After all sardarji can make a joke:D
Please refrain from making comments like that! You have no right to stereotype folks. Please remain objective in the discussions.
Please refrain from making comments like that! You have no right to stereotype folks. Please remain objective in the discussions.
immm
07-19 12:32 AM
This seems very unfair to people who had earlier PDs (2004 & 2005) and who have waited so many years to file. Now, people with PDs in 2007 will jump ahead of them in the queue just because of this fiasco, juts because they filed earlier. :confused:
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Talk about earlier PD's. Mine is March, 2002!! It would be disheartning to see people with PD's of 2004/2005 getting a visa number because they got the receipt number a couple of days before I did while I waited for all these years for the visa bulletin dates to move!!
And I bet that there are people from 2002/2003 still stuck at BEC's who might get labor and I-140 approved in a few months to find out they are at the end of the queue and would have to wait few more years because the dates might retrogress!!
I wish the USCIS would sort all applications by PD after August, 17th. But looking at their "Processing times" page, they seem to go by the receipt dates:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
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bsbawa10
09-12 10:12 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
It is not letter only, it is sending pamphlets along with the letters which is meant to put them to shame. (zero cost). Please see the sample pamphlets from my earlier posts.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
It is not letter only, it is sending pamphlets along with the letters which is meant to put them to shame. (zero cost). Please see the sample pamphlets from my earlier posts.
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americandesi
11-29 02:00 PM
Can anyone outline the advantages/disadvantages of Sole Proprietorship vs. LLC for a single individual who plans to provide website designing/development services for companies in/outside US?
FSL
09-10 11:19 AM
This might be good news for EB3 ROW guys like me? PD AUG 2003 still waiting?
Any thoughts ? EB3 ROW visas were unavailable !!
Any thoughts ? EB3 ROW visas were unavailable !!
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little_willy
09-10 11:25 AM
:mad:why did i get a red dot for this post? now i cant access the chat...sucks
Just gave you green... chat away...
Just gave you green... chat away...
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485Mbe4001
01-03 03:59 PM
good topic and reply.
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.
If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
more...
seahawks
09-13 01:58 AM
Send emails to TV Stations in WA
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KING (NBC-5)
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KOMO (ABC-4)
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Tacoma Weekly
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vparam
09-18 09:41 PM
vparam/ anyone,
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
i have 2 questions
when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?
also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?
thanks in advance,
manderson
-----------------------------------------------------------------------------------
Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
�MurthyDotCom
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
Source: http://www.murthy.com/news/n_yatmay.html
I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.
Easy way out... if you are married then your spouse could be the president (owner) and you could be a SW dev or whast so ever it states in 140/ labor.
you need a bank account for your company, you could run your payroll by buying quicken business and issue check for you as employee... Mind your business is separate from you employment... that you cannot take all the earning as salary, some as salary, some as profits is possible
more...
mayhemt
06-24 08:47 PM
Actually there are 2 sides to these questions.. (Of course I am also one of the EB3 aspirants.)
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
1. What is America losing because of our prolonged wait for Green Cards?
America would be losing on intellectual grounds. Most of the people waiting in the never-ending GC queue are ready to give up their spot, if they get good opportunities elsewhere, eg: UK, Canada, Australia, However it is not going to put a dent overall intellectual pool.
America would be gaining in terms of revenue & employment creation:
Filing fees, Attorney fees are the visible ones. The non-tangible ones being social security fund & medicare fund, Income tax, employer's insurance premiums. Most likely, the silent immigrant going back to his home country or another country is not going to ask for social security benefits/Medicare. Social Security in particular which is in desperate need of repairs greatly appreciates the immigrant going back.
The wait creates lot of employment in terms of immigration personnel, attorneys, USCIS systems' maintenance. Consider this: A credit card processing bank does more checks on an individual/card while processing an authorization. What if the whole immigration system has been automated (instead of today's almost fully paper-based immigration processing)? Even with automated systems in place (eg PIMS), there are massive delays. But the complete reform would hit a huge employment soft spot. How much would it take to hook up a terminal in an overseas consulate, thru which the consulate officer can check the petition validity then & there itself, accessing it from a Centralized database? Heck they should learn it from Yahoo or Google, to access systems from anywhere in the world.
2. How people who have green cards are contributing to the country as a whole ?
By contributing to income tax. A person with green card is more likely to get more opportunities than a person on H1. H1 holder is constantly nagged with endless paperwork, dependencies, expiration dates. A green card holder can switch to different companies or start his/her own business, thereby earning for himself & paying more on income tax & possible his/her business tax.
A permanent resident has already gone thru ton of checks/regulations eg: Criminal checks, medical tests. If the same tests were put thru for Americans, how many are really going to pass? Green card holders (or even H1 worker) stick to all rules, regulations, pay their bills without being a threat to American society.
On the other hand, green card holders/H1s need not sign up for defense service selection (above the age of 24). Lost American jobs is whole different ball game.
3. What if the whole green card process takes less than 3 years ?
If it takes less than 3yrs, it will certainly make lot of IVians & happy, including me. But we are not in Utopian world.
On the other hand, there will be huge influx of immigrant applications. Slowly immigration population would become large chunk in administrative areas, they may even reach Washington.
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ANGEL
07-27 05:12 AM
hi all,
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.
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swo
07-23 10:58 AM
Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
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stevestamps
08-20 06:33 PM
i have faced same problem in NC, we can't do anything unless we go out of country and get visa stamped in passport. rules have been changed in NC DMV since last year. i have visited 3-4 DMV's in NC, everyone told same thing.
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
My husbands DL expires on Oct 1st, 2007. The North Carolina DMV insists that he should have a valid H1B visa stamp in his PP in order to renew the license. He does have a valid H1B extension with I-94 at the bottom till Oct.2009. We dont want to leave the country as we are filing for our I-485's.
Any one in NC have any suggestions?
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PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
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gctest
09-15 08:26 AM
Thanks dvb123.
I appreciate your support.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
what else do you think i holding the EB2 queue back
GCTEST check your private messages. The link is located on the top right hand corner.
I appreciate your support.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
what else do you think i holding the EB2 queue back
GCTEST check your private messages. The link is located on the top right hand corner.
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sri1309
08-14 02:08 PM
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You also want to add How many on H1 who are ready to buy a house but unable to, not sure of the status. You can count me in.
Sri.
You also want to add How many on H1 who are ready to buy a house but unable to, not sure of the status. You can count me in.
Sri.
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pappu
06-10 01:02 PM
Just to summarize what's going to happen with VB in final Quarter.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
Two words: Nothing Positive
CIS and DOS officials are meeting every week after July 07 fiasco. They have a better handle on the visa number utilization than they ever had in the past years. As a result they have max utilization of visa numbers and don't be surprised if DOS decides to move EB2 India and China a month or two back. Neither India EB2 nor China EB2 is going to move past Oct 2004 before Oct 08 bulletin.
That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.
Pls take part in the call campaign and contribute funds to be able to find relief.
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snathan
08-12 04:19 PM
I believe that small companies have a big impact too. As someone mentioned, check to see which companies filed GCs in the last 10 years....Infy, TCS or Small body shops?
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
The notion of H1/L1B is the business not able to find any qualified or willing resource locally. In that case why they are not able/willing to file GC for those guys. Since they want to keep them as slaves...they never file.
veni001
06-04 02:03 PM
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
snathan
02-14 02:19 PM
Yeah so lets check your willingness and responsibility 6-7 years in your marriage.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
Check yourself where you stand ,what you are doing and what crap you are talking. Don’t try to corrupt others with your worthless advice. I am stopping here and don’t want to waste my time with a bigot.
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