chi_shark
07-10 02:46 PM
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
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GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
franklin
06-13 01:20 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
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waitnwatch
06-20 01:21 AM
I have a fundamental question here. What exactly has to happen to actually say that the CIR has died? Will the house have to vote and kill it? I guess there are no legal time lines for a bill to lapse - or is there one? Does the bill automatically die when the present congress' term ends?
Could anybody more knowledgeable than me throw some light.
Could anybody more knowledgeable than me throw some light.
more...
spulugur
02-10 06:19 PM
Paypal transaction: 0KS52061HH8469719
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kshitijnt
05-10 12:37 AM
I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.
. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.
That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.
I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.
Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?
I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.
. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.
That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.
I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.
Until 2005 I did not want to settle here and hence I marked no on my visa application. After 2005, I changed my mind and we had applied twice (me and my spouse) and hence we marked yes on the question whether any immigrant application was filed on our behalf. No we did not lie there. And even if many people did, do you think those who come from Europe or visa free countries mark "yes" when they apply first time? So your point is moot there. Most people from visa free countries come here work here visa free and go back. They never even get asked a question. How come we get fingerprinted, photographed twice, interrogated twice and yet targeted when it comes to GC?
I am not against capitalism but I am against fighting injustice such as you dont get GC because you were born in India. And yes change will come but if we dont do anything we get nothing.
more...
Greatdesi
08-23 12:04 PM
Hi Asethura,
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
Did the status ever change to 'card production ordered'?
Hi All, we got our physical cards yesterday my USPS.
PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
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nk2006
07-07 03:04 PM
Yes, registering with the Police department of the city is a must. All they need (at least in San Jose) is your name, driver's license number etc. They will register it.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
Nice to see the momentum is picking up. It would be great if all the rallies (in different cities) are planned on the same day to have maximum coverage to get more attention. Who knows we might even get some national media coverage - especially if 3 or 4 rallies succeed.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
Nice to see the momentum is picking up. It would be great if all the rallies (in different cities) are planned on the same day to have maximum coverage to get more attention. Who knows we might even get some national media coverage - especially if 3 or 4 rallies succeed.
more...
rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
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newuser
05-23 01:22 PM
Finished calling 20 senators from Tier3.
more...
godspeed
07-21 05:47 PM
Received by USCIS on 06/04/08
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
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gc_bucs
11-17 03:44 PM
Sent the message
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zoooom
07-19 06:48 PM
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
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desi3933
06-27 12:10 PM
Point1) makes me perplexed - Can there be agreements with open ended time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
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gc_aug_2010
08-20 01:25 PM
Congrats...Not sure whats happening with my case :( The officer is just sitting on it. It went to his desk on Aug 3 :(
How did you find out exactly which day it went to an officer?
How did you find out exactly which day it went to an officer?
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hebron
07-19 08:08 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
more...
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dixie
12-11 12:11 PM
Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.
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pappu
11-18 06:20 PM
Dear Mr. XXXX
Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).
The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.
As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.
Thank you again for sharing your views with me.
Sincerely,
Sherrod Brown
United States Senator
P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..
No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.
Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.
Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.
Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).
The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.
As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.
Thank you again for sharing your views with me.
Sincerely,
Sherrod Brown
United States Senator
P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..
No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.
Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.
Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.
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fetch_gc
10-10 03:52 PM
Hi guys,
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.
I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.
DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.
Once again, HELL with these stupid receipting process.
Hope atleast some of you can understand the pain in the whole friggin process.
FETCH_GC
ski_dude12
08-20 12:40 PM
My words exactly...
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
He should be happy that his case is atleast being looked at unlike others who really have no clue when it will be picked up.
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
simple1
05-01 01:31 PM
Thanks vbkris77. That is what I am saying.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
There is no references in INA showing EB dependents must be counted in EB quota. period.
INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.
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