Dolly20
10-03 01:14 PM
Hi!
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
1. Do we have to fill in I 539 form or I 129 form
2. How long is the processing time?
3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
please help me. Your responses will be greatly appreciated.
Thanks in advance :)
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TeddyKoochu
09-10 10:29 AM
One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.
Almond
07-05 01:44 PM
OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.
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bobbydalal
08-21 04:32 PM
luvchoclates ,
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
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abhijitp
03-03 06:48 PM
Instead of criticizing the idea, please submit your votes!
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
anilsal
12-11 03:00 PM
In my opinion, USCIS created this rule to disallow new applications such that they can deal with the countless backlogged apps for labor.
If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?
If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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transpass
04-10 12:07 PM
Here are the details for last year and years before:
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))
Employment Visas 2009
Total Employment Visas for FY2009 = 141,020
Theoretical values without spillover
EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012
Actual values with spillover
EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give
What is noteworthy is the fact that spillup/spillover visas were only available from EB5.
In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.
This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.
I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.
I'm not sure why FY2010 would be much different, at least for EB1 spillover.
Additional notes from subsequent posts:
There was significant spillover in FY2007 because (based on 154,497 total EB visas) :
EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.
That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.
There was significant spillover in FY2008 because (based on 162,949 total EB visas) :
EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.
That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.
The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)
EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)
That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.
This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"
Hope this was the info you were asking for.
Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
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catchupvijay
06-11 02:01 PM
Thanks!
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prioritydate
12-20 08:42 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
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jani07
03-16 01:04 PM
that's the best way to tackle such persons
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sandiboy
07-24 01:22 AM
is she using her own FAQ? USCIS FAQ has different question at Q9.
Yes this is the lawyer's own FAQ i was referring to.
Yes this is the lawyer's own FAQ i was referring to.
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abhijitp
07-24 12:16 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
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nixstor
07-05 12:27 PM
So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.
I agree that you can get free information any where on the internet. But what about the main goal of getting funds? Do we care about the main agenda behind this website? Are we doing any thing to do our part by contributing? You only get very succinct info on murthy chat and khanna phone calls. You might get more info on their fourms. They are running those forums not only for community sake but also to get "invaluable" publicity that makes them "the name" in immigration. I got an answer on Murthy forum/Khanna forum indirectly translates into name/fame for the attorneys, which means more business for them. I got an answer on IV neither directly nor inidrectly translates into what??? Nothing.. As long as we tell ourselves that we get info for free, google is our friend, We are just substantiating our thoughts on "How NOT to pay". Nothing else.
I agree that you can get free information any where on the internet. But what about the main goal of getting funds? Do we care about the main agenda behind this website? Are we doing any thing to do our part by contributing? You only get very succinct info on murthy chat and khanna phone calls. You might get more info on their fourms. They are running those forums not only for community sake but also to get "invaluable" publicity that makes them "the name" in immigration. I got an answer on Murthy forum/Khanna forum indirectly translates into name/fame for the attorneys, which means more business for them. I got an answer on IV neither directly nor inidrectly translates into what??? Nothing.. As long as we tell ourselves that we get info for free, google is our friend, We are just substantiating our thoughts on "How NOT to pay". Nothing else.
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voldemar
06-22 03:11 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
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sanju
04-04 03:47 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
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venky08
08-15 04:39 PM
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
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Suva
07-18 09:03 AM
My packet was delivered at 9.01 AM on July 2nd.
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desi3933
02-03 01:04 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
r2i2009
11-14 09:06 PM
Guys,
Let us wait till April 09. Pres has more priorities....if he does not revive the economy.....there is no user of our GCs.....let him work on that for a while
With such a bad economy.......ECONOMY takes the highest.
Why are we bothered ....we have EADs....so relax.
If he takes up the immigration issue next year....people will get pissed off
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
Let us wait till April 09. Pres has more priorities....if he does not revive the economy.....there is no user of our GCs.....let him work on that for a while
With such a bad economy.......ECONOMY takes the highest.
Why are we bothered ....we have EADs....so relax.
If he takes up the immigration issue next year....people will get pissed off
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
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