martinvisalaw
07-31 05:39 PM
My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
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nisthana
02-18 06:11 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
mingan
12-19 01:51 PM
I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.
the companies which i have worked for they no longer exists.
the companies which i have worked for they no longer exists.
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veni001
11-04 07:25 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
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shx
05-17 08:01 PM
Can you prove that you were born in Nepal? Without proof, you won't be able to change it in your passport.
Green.Tech
08-03 05:18 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
Yes, assuming the job duties changed by approx 50% or more.
Yes, assuming the job duties changed by approx 50% or more.
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
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abheja
08-25 10:47 PM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
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MannyD
09-11 03:34 PM
Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!
The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.
We've all got to keep busy creating a poll or answering one for a while... don't we? ;)
The poll tool doesn't allow more than 10 options at a time. Now that I know the distribution of EB category, I will post another poll to get the years. I will create the new poll after checking out October visa bulletin.
We've all got to keep busy creating a poll or answering one for a while... don't we? ;)
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computerClerk
06-11 05:26 PM
Kris,
This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.
Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.
Thanks
Gaurav.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.
Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.
Thanks
Gaurav.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
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ssdtm
12-11 04:49 PM
Here is good thread that answers most of your questions
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
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jonty_11
02-14 04:17 PM
In the RIR system EB2 was MS + 3 and BS+5.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
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Munshi75
06-06 07:30 PM
Indian consumers have to bail out Tata soon as the bogus credit rating agencies consider to downgrade its ratings troubled after Tata placed its hands on those two white elephants. Or we can balme it on Ford and Mulay.
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lord_labaku
08-14 06:19 PM
I am sure people from 2001-2006 EB2/EB3 who are still waiting are jealous of your situation even though you feel like you are in a big mess ( might have contributed to a red dot)
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aachoo
03-24 09:56 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
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shreekarthik
02-25 11:34 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
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neelu
09-15 12:05 PM
Thanks for your response, FromNaija.
I do have an approved I-140 based on the RIR PD. I will update my first post with that info.
I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?
Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.
Any thoughts/comments are appreciated.
If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.
I do have an approved I-140 based on the RIR PD. I will update my first post with that info.
I know that USCIS should interfile the two cases. My question is, how to find out if that happened and if not done what can be done to ensure that?
Also, has anyone gotten similar messages like "your case has been prepared for review"? I have searched this forum but could not find anything about it.
Any thoughts/comments are appreciated.
If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.
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ragz4u
03-08 09:48 PM
There is no posted transcript yet on the Website - how did it go?
As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all
This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html
DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.
By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.
All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.
SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.
DOBBS: Senator, you're in markup. How did it go today? Are you near completion?
SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.
DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?
SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.
I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.
And if they want to become citizens, to go through the processes which comport with the law.
DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.
They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.
How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.
Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.
We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.
DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.
SPECTER: Sure.
DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.
SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.
DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.
As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all
This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html
DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.
By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.
All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.
SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.
DOBBS: Senator, you're in markup. How did it go today? Are you near completion?
SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.
DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?
SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.
I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.
And if they want to become citizens, to go through the processes which comport with the law.
DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.
They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.
How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.
Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.
We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.
DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.
SPECTER: Sure.
DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.
SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.
DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.
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rick_rajvanshi
08-29 12:56 PM
I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
scabal12
06-12 06:56 PM
Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.
augustus
07-02 03:59 PM
I called Fox news too. They said they will investigate and see how they can fit the news. PLEASE CALL NEWS CHANNELS> PLEASEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE. THEY NEED TO KNOW WHAT THEY DID TO US
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