abq_gc
08-18 02:44 PM
How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
well if they want to do that.. they can do that... wont discourage us from fighting this injustice against everyone in the legal immigration community... i for one consider the plight of EB-3 at this time to be more than that of EB-2... but why are just fighting among ourselves... instead of doing something as a group ??
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
well if they want to do that.. they can do that... wont discourage us from fighting this injustice against everyone in the legal immigration community... i for one consider the plight of EB-3 at this time to be more than that of EB-2... but why are just fighting among ourselves... instead of doing something as a group ??
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virald
01-21 03:30 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
sankap
07-10 03:20 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right? Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
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whyregisteration
12-13 02:54 PM
one can call if FP notice has not got yet. But nothing useful for me (July 3rd filler), recently I received one mail: '.. still within our processing time ...', still no FP:eek:
more...
conchshell
05-11 08:49 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
anilsal
07-07 02:20 PM
Give me credit for inspiring you all with my signature.;)
Let "Gandhigiri" win.
Let "Gandhigiri" win.
more...
bebar
06-06 09:00 PM
No reciept yet..
EB2 PD 05/2003
EB2 PD 05/2003
2010 Eminem is riding on an
scorpion00
11-17 05:24 PM
Done
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
more...
YesGC_NoGC
06-27 10:19 AM
What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
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jfredr
05-23 11:48 PM
sent 2 in NJ+10
more...
svgupta
05-23 11:50 AM
and hopefully, some take an action!
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hiUS
09-11 08:57 PM
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Thanks for the info.
I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.
Is it happened because you went to Infopass and something is updated there or is it a coincidence?
Did you cal the USCIS regular customer service number to know the status?
Id there any change in the online message of Approval Notice sent to Card production is ordered?
Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Thanks for the info.
I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.
Is it happened because you went to Infopass and something is updated there or is it a coincidence?
Did you cal the USCIS regular customer service number to know the status?
Id there any change in the online message of Approval Notice sent to Card production is ordered?
Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.
more...
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sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
tattoo 2/23. February 17th 2011 Santa
mqualique
05-01 03:20 PM
Spouse can stay in the country as far as her/his 485 has been applied before EB primary got a GC and after EB primary PD was current.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
more...
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SGP
11-18 09:17 AM
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
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eb3India
04-20 03:31 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
more...
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alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
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gc_bulgaria
09-20 01:20 PM
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
hairstyles Eminem#39;s Grammy performance
schandwani
11-18 11:30 AM
Done!!
danila
07-08 08:15 PM
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
royus77
05-23 11:13 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
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