psaxena
06-25 01:31 PM
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chanduv23
10-09 02:35 PM
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Blog Feeds
11-30 03:21 AM
Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
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ashwaghoshk
04-26 08:01 AM
Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.
I hope you get the extension. Good Luck.
more...
seahawks
06-02 08:43 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
NKR
07-18 12:18 PM
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Except us...
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Except us...
more...
roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
2010 irthday wishes quotes.
alseethis
06-11 01:00 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
more...
pappu
08-26 01:11 PM
Advocacy Action Item August 2009 - update
The summer August recess is in progress and the lawmakers are still in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to continue to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
our members have been taking appointments and so far the feedback has been extremely positive. These meetings have enabled us to enlighten the lawmaker offices and engage in constructive dialog that not only addresses our issues and concerns but also provides solutions to the backlogs.
As communicated earlier, we have created multiple documents and support material that will go into your �Advocacy Packet� for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. More details of this action item can be found on this thread:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are two parts to this action item
1) Please continue to take the appointments with your lawmakers. We need to maximize the remaining August recess days to get as many meetings as possible with either the lawmakers or their close aides. Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right. We not only are highly skilled and are high income individuals that but we are truly the best and the brightest Future Americans that contribute significantly to the progress of America.
================================================
IV = I+We : The Importance of Grass-Roots Organization
Immigration Voice is a grassroots organization, which means, every member in the community plays an important role towards resolving our issues and achieving our goals. Our members are highly skilled, well educated and extremely talented who continue to contribute towards the success of the organization. Our membership base is large and growing every day. The best way to organize ourselves so that our efforts can be effective and yield desired results is by joining state chapters and actively participating in grassroots efforts. State chapters play a very important role in shaping the organization. State chapters organize conference calls, meetings, social gatherings, grassroots advocacy, publicity campaigns, and media campaigns, generate awareness and coordinate many other activities. State chapters also train and mentor members and organize meetings with local lawmakers to discuss our issues, which is the most important aspect of grassroots advocacy. When more people meet with local lawmakers of their constituency and apprise them of our issues, the better will be their understanding of our issues and goes a long way towards aiding our ongoing advocacy efforts. Voicing our opinions and concerns in a peaceful manner is the �American way� of doing things and Immigration Voice is the platform for future Americans like us to voice our opinions and concerns.
State chapters organize workshops, participate in community events like fairs and marathons, and help arrange media interviews, organize advocacy events like lawmaker meets and rallies, help in raising funds towards advocacy and running the organization. State Chapter members are always verified by the chapter leaders. Most often, the core team shares updates with chapter leaders who in turn share these updates with the chapter members. Chapter leaders keep the members of their state involved, recruit more members and help organize activities and events. Besides joining and participating in state chapters, we need other active volunteers to join us in different teams which are working in specific area like the media group, the newsletter group, the advocacy group etc. Each of these groups is led by dedicated members who work with members in formulating IV documents and strategies.
We also want to urge our members to generously contribute to our cause. We as a non-profit organization depend on your contributions to work on various media and advocacy activities. By quoting the famous words of Martin Luther King Jr. �The time is always right to do what is right.� We request our members to join a state chapter by following the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
and look for your state chapter information. If your state chapter does not exist or is not active, you can start the chapter by contacting Immigration Voice at info@immigrationvoice.org . We also request our members to contribute to our cause by logging into IV website and going to following link http://immigrationvoice.org/forum/misc.php?do=donate
IV is each one of you - IV is for all of you.
===============================================
IV on Twitter: http://twitter.com/immivoice
IV on Facebook: Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999)
===============================================
The summer August recess is in progress and the lawmakers are still in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to continue to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
our members have been taking appointments and so far the feedback has been extremely positive. These meetings have enabled us to enlighten the lawmaker offices and engage in constructive dialog that not only addresses our issues and concerns but also provides solutions to the backlogs.
As communicated earlier, we have created multiple documents and support material that will go into your �Advocacy Packet� for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. More details of this action item can be found on this thread:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html
In summary there are two parts to this action item
1) Please continue to take the appointments with your lawmakers. We need to maximize the remaining August recess days to get as many meetings as possible with either the lawmakers or their close aides. Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.
2) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right. We not only are highly skilled and are high income individuals that but we are truly the best and the brightest Future Americans that contribute significantly to the progress of America.
================================================
IV = I+We : The Importance of Grass-Roots Organization
Immigration Voice is a grassroots organization, which means, every member in the community plays an important role towards resolving our issues and achieving our goals. Our members are highly skilled, well educated and extremely talented who continue to contribute towards the success of the organization. Our membership base is large and growing every day. The best way to organize ourselves so that our efforts can be effective and yield desired results is by joining state chapters and actively participating in grassroots efforts. State chapters play a very important role in shaping the organization. State chapters organize conference calls, meetings, social gatherings, grassroots advocacy, publicity campaigns, and media campaigns, generate awareness and coordinate many other activities. State chapters also train and mentor members and organize meetings with local lawmakers to discuss our issues, which is the most important aspect of grassroots advocacy. When more people meet with local lawmakers of their constituency and apprise them of our issues, the better will be their understanding of our issues and goes a long way towards aiding our ongoing advocacy efforts. Voicing our opinions and concerns in a peaceful manner is the �American way� of doing things and Immigration Voice is the platform for future Americans like us to voice our opinions and concerns.
State chapters organize workshops, participate in community events like fairs and marathons, and help arrange media interviews, organize advocacy events like lawmaker meets and rallies, help in raising funds towards advocacy and running the organization. State Chapter members are always verified by the chapter leaders. Most often, the core team shares updates with chapter leaders who in turn share these updates with the chapter members. Chapter leaders keep the members of their state involved, recruit more members and help organize activities and events. Besides joining and participating in state chapters, we need other active volunteers to join us in different teams which are working in specific area like the media group, the newsletter group, the advocacy group etc. Each of these groups is led by dedicated members who work with members in formulating IV documents and strategies.
We also want to urge our members to generously contribute to our cause. We as a non-profit organization depend on your contributions to work on various media and advocacy activities. By quoting the famous words of Martin Luther King Jr. �The time is always right to do what is right.� We request our members to join a state chapter by following the link
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
and look for your state chapter information. If your state chapter does not exist or is not active, you can start the chapter by contacting Immigration Voice at info@immigrationvoice.org . We also request our members to contribute to our cause by logging into IV website and going to following link http://immigrationvoice.org/forum/misc.php?do=donate
IV is each one of you - IV is for all of you.
===============================================
IV on Twitter: http://twitter.com/immivoice
IV on Facebook: Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999)
===============================================
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Paisano
04-16 10:30 AM
This RFE is about G-325. In that document, you would have mentioned that you have lived in MN, WA and TX for the last 5 years. And your employer must be in IL. The USCIS is using the information that is provided by you, in simple terms, against you.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
The IO at USCIS whoever is adjudicating your I-485 application must have gone through your past H1B petitions where the LCA(s) will be found. The LCA mentions for which location your H1B petition is filed for. If the LCA(s) mention your location of work as IL, then you are in trouble.
The lawyer can argue that the employer is responsible for LCA and its amendments. But the burden of proof is on you since I-485 is your petition. Good luck to you.
Yours is the third case of this nature I heard this week.
more...
gcisadawg
01-09 11:44 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
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moclutch
03-06 01:23 AM
Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!
more...
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shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
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sunny1000
09-15 08:01 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
He is trying to motivate people to go the rally...If you can't go or help in anyway, simply move on...don't whine about the threads...
Thanks to Chandu and others for the motivation.
He is trying to motivate people to go the rally...If you can't go or help in anyway, simply move on...don't whine about the threads...
Thanks to Chandu and others for the motivation.
more...
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BECsufferer
08-20 07:10 PM
Unfortunatly none so-far. The only thing I got in email is " your case is yet to be reviewed by an officer"
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akilaakka
03-09 11:15 AM
Stuck no longer in the muck,
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
more...
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Refugee_New
06-12 06:30 PM
Try taking help from local senator office or even one of lead political figure(example first lady). A request from them makes things move faster.
Thanks for your response. Do you have any idea how to proceed further?
Thanks for your response. Do you have any idea how to proceed further?
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GCnew
06-13 03:30 PM
I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
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gotgc?
08-13 11:15 AM
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
Hi ,
thanks for your quick response...I understand that one LC cannot produce 2 GC..when you say uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006, is it possible? I am really worried about my AOS...how can I verify that my I-485 is replaced with my original I-140? would infopass apponitment help?
Because, since the decision has not yet come on my pending LC Sub I-140, am worried in future, it might be rejected and hence the I-485 as well be rejected....
casinoroyale
08-22 12:01 PM
I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
gjoe
10-03 02:41 PM
First let us get USCIS to process our applications strictly based on PD. Then we will have more people for the rally because new PD date members would be more motivated to participate in the grassroot effort