venkypal
02-15 07:07 PM
Pleaassssssssse dont fight among oursleves ....
Lets fight against immigration bureacracy and unfair policies...
Lets fight against immigration bureacracy and unfair policies...
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chanduv23
05-13 02:20 PM
you will come acros these Jerks ..barely educated with BA music or Art degress or just some schooling and sitting as managers..what else can they do..abuse other people...prey on the weak..weak because we are on Visa...
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
pappu
07-27 11:56 AM
This might be helpful
http://immigrationvoice.org/wiki/index.php/Starting_a_Business
http://immigrationvoice.org/wiki/index.php/Starting_a_Business
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k_usa
08-11 10:50 AM
Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.
Hi Sailesh, congrats...Don't worry this time you will get it. Now USCIS is far better compared to where they are in 2008.
I felt bad in 2008 as i could n't get it after filing the application on July 2nd also...
Hi Sailesh, congrats...Don't worry this time you will get it. Now USCIS is far better compared to where they are in 2008.
I felt bad in 2008 as i could n't get it after filing the application on July 2nd also...
more...
jonty_11
06-28 12:26 PM
makes sense...they are expecting alot of 140/485 combine filings in July and by issuing this bulletin they have stopped people from filing 140 in PP
rimzhim
02-07 01:50 PM
I got EB2 140 approval (I have BS + 5 years of experience)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
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number30
02-12 09:01 PM
You said Labor do says BS+5 year Exp. is OK.
If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.
Even for that Nebraska expects a single source degree apart from 16 years of education for bachlores.
If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.
Even for that Nebraska expects a single source degree apart from 16 years of education for bachlores.
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m306m
08-02 12:48 PM
gc101, if you are not able to get married before you you file your I485 (by Aug 17th). I would recommend that you file alone. these are my reasons for this recommendation:
1) You have more options open to you for your wife after you file I485 (ie. throught family based categories, even though the wait time is 7 years).
2) If you don't file now and have to wait for you PD to get current, with the current laws that might be close to 6-7 years. In this time you might get your GC and your citizenship too. After citizenship your wife can get her GC very quickly.
1) You have more options open to you for your wife after you file I485 (ie. throught family based categories, even though the wait time is 7 years).
2) If you don't file now and have to wait for you PD to get current, with the current laws that might be close to 6-7 years. In this time you might get your GC and your citizenship too. After citizenship your wife can get her GC very quickly.
more...
BharatPremi
09-20 05:51 PM
Everyone thank you for the quick replies...
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
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waitingnwaiting
05-31 09:04 AM
Anything for EB relief ? I dont see a content in the bill language.
It recaptures 20 thousand visa numbers
It recaptures 20 thousand visa numbers
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senthil1
07-04 12:18 PM
Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
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GCVivek
04-20 02:33 PM
This is not to put you down but to help you. How long have you been in the US? If more than 1 year, I would suggest taking a course to improve your written and spoken English. It is way too bad. :o and will help you in the long run in case your Eb3 gets approved and you stay as PR in the USA.
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
more...
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brb2
10-10 07:01 PM
Well, DOS is alerting that don't expect additional rapid movement any time soon. Here is the relevant part of their warning:
E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS
Cut-off date movements in recent months have been greater than might ordinarily be expected, in an effort to maximize number use within the annual numerical limits. This has been necessary because demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases has been relatively light. As these dates have advanced, however, many thousands of applicants have become eligible for processing at CIS Offices. Once number use increases significantly as CIS addresses its backlog, cut-off date movement will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a particular possibility.
The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS
Cut-off date movements in recent months have been greater than might ordinarily be expected, in an effort to maximize number use within the annual numerical limits. This has been necessary because demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases has been relatively light. As these dates have advanced, however, many thousands of applicants have become eligible for processing at CIS Offices. Once number use increases significantly as CIS addresses its backlog, cut-off date movement will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a particular possibility.
The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
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vram
09-22 07:19 PM
Hello all,
Here is my status
I am currently using H1(3 year extension since I140 was filed) and wife is using EAD. And I also have EAD and approved I140. I have filed for my I-485 (2005 PD) with my current company in Midwest in July 2007.
I have an offer from a company in California. Is it OK to accept the offer.
1. Does it matter if I change the geographical region
2. Also my field of work does not change. Only thing that might change is my increased roles and responsibilities and my designation for example from Senior Staff Engineer(Company X) to Principal Staff Engineer (company Y)
I would like to know if Would be in trouble or if my GC would be in trouble having waited from 1997(F1) until now.
-thanks
Here is my status
I am currently using H1(3 year extension since I140 was filed) and wife is using EAD. And I also have EAD and approved I140. I have filed for my I-485 (2005 PD) with my current company in Midwest in July 2007.
I have an offer from a company in California. Is it OK to accept the offer.
1. Does it matter if I change the geographical region
2. Also my field of work does not change. Only thing that might change is my increased roles and responsibilities and my designation for example from Senior Staff Engineer(Company X) to Principal Staff Engineer (company Y)
I would like to know if Would be in trouble or if my GC would be in trouble having waited from 1997(F1) until now.
-thanks
more...
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21stIcon
07-14 06:20 AM
Hi ,
I am a GC Holder can anybody advice me top5 Life insurance companies for Term as well as Whole Life Insurance.
Prudential
Metlifef
NewYork Life
AXA
I am a GC Holder can anybody advice me top5 Life insurance companies for Term as well as Whole Life Insurance.
Prudential
Metlifef
NewYork Life
AXA
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chanduv23
09-19 03:40 PM
Here is my dilemma--
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
MY INFO---
Occupation -- Physician
EB2, INDIA, PD APR 2006, EAD renewed till sept 2010, H1 valid till feb 2010 (non-profit company), I-140 approved, I-485 filed July 2007
I have a very good job offer and I really want to get out of my present job. They expexct me to start work next year in about apr 2008-- The new job is not in my present state but I am freaked out about using AC 21 for following reasons:
-New company has no clue about H1 and they cannot file H1 any way because they are "for profit" and my h1 is presently from non profit and the QUOTA is now over. My occupation still remains same -(I am a physician ---no way to change occupation -- still have to do same job !)
-New company can only give me a generic letter for employment (EVL) ---
"To whomsoever ---etc..it may concern..and only briefly describing my title and job description"
--- My questions to respected IV members
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
If you are past 180 days after filing 485 you can change jobs using H1b transfer or EAD. If you use EAD it does not matter if it is profit or non profit.
Your new employer can send letter in any format, but 99% chances that your AC21 will never reach your file - because there is no system in place for it. USCIS treat AC21 letter as response to an RFE - so if you change job you are fine - make sure you update your address on file so that if they send an RFE, you can respond to it, always use a lawyer for everything. In case your ex employer requests USCIS to revoke your 140 then you may get a NOID which is also treated as an RFE. A lot of Visa Officers do not know about AC21 portability - I met one such officer during Infopass and she had no clue about it - may send a denial on 485 - in such cases your case can be reopened through MTR.
You may not even get an RFE at times and things could just be as fine. Hope this helps.
Also consult with an Attorney - it really really helps
more...
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gaz
04-20 12:01 PM
it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
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venky08
10-24 05:31 PM
no-it is something else....attitude of positive expectancy... ;)
often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D
Yep, It is luck nothing else...
often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D
Yep, It is luck nothing else...
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dacooldude
09-07 12:52 PM
we can come up with many excuses that would easily fall under "emergent personal or bona fide business reasons" category.
I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:
1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
2) Land dispute (bona fide business reason)
3) Parents home need urgent repair (bona fide business reason)
4) Water shortage problem (bona fide business reason)
My Wife was had to go to India for a medical treatment. The cost of the treatment is much less then here in the US (also most of the health insurance dont cover it). She plans to go back in the next few months, Is that a valid reason?
I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:
1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
2) Land dispute (bona fide business reason)
3) Parents home need urgent repair (bona fide business reason)
4) Water shortage problem (bona fide business reason)
My Wife was had to go to India for a medical treatment. The cost of the treatment is much less then here in the US (also most of the health insurance dont cover it). She plans to go back in the next few months, Is that a valid reason?
anilnag
01-23 04:46 PM
All the positive comments about EB3 I cutoff movement seem to emnate from the possibility of passing the Senate Bill 9 sometime this year. Below links have more information about these.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
http://24ahead.com/comprensive-immigration-reform-returns-s9-stronger-economy-s
http://www.immigration-information.com/forums/showthread.php?t=6958
Reading the posts, it looks like immigration reform is on priority for new congress because it is one the first 10 placeholder Bills.
tikka
07-13 09:37 PM
thanks......at least one person showed up
15...:D
15...:D
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