prem_goel
03-08 09:57 AM
Hello Ann,
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
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haifromsk@yahoo.com
02-08 11:51 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
thepaew
02-07 12:22 PM
It is approximately 20 Lakh to 35 Lakh p.a. for top talent. Again, my information is anecdotal - your mileage may vary.
I hear that the recession has hit hiring and wages in India as well. I am taking a 4-week vacation/business trip to Asia in March and can post some data when I am back.
Any guess!!!
I hear that the recession has hit hiring and wages in India as well. I am taking a 4-week vacation/business trip to Asia in March and can post some data when I am back.
Any guess!!!
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maag
09-27 10:56 AM
I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.
more...
mantagon
07-23 09:54 AM
AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.
Hope this helps!
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
Hope this helps!
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
kondur_007
09-22 09:58 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
Well, you have two options:
1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.
2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).
3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.
I would suggest option 1,2 and 3 in that order as "desirability" of your situation.
Again I am not a lawyer, but this is what I can suggest as far as I know.
Good Luck.
more...
justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
2010 I think these tattoos are
GotGC??
01-08 12:03 AM
.
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
more...
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
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lord_labaku
12-08 02:17 AM
1. Yes there is shortcut. Join desi software company. You will get forged diplomas.
2/3. Not applicable. Refer 1 above
4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above
5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer
6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially
Hope this helps
2/3. Not applicable. Refer 1 above
4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above
5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer
6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially
Hope this helps
more...
cool_guy_onnet1
06-01 01:56 PM
If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
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RDB
07-12 09:31 PM
I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.
more...
house represent Valkyrie-wings
pmamp
06-13 09:21 AM
I work for US university on H1B. Based on my knowledge the following are valid points.
- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.
So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).
So, if you want to get a H1B visa try to get in directly with non-profit organization.
For many US university jobs you can visit:
http://www.higheredjobs.com
Good luck!
- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.
So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).
So, if you want to get a H1B visa try to get in directly with non-profit organization.
For many US university jobs you can visit:
http://www.higheredjobs.com
Good luck!
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geesee
07-20 05:21 PM
^^^^
more...
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bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
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mrane1
08-08 03:54 PM
Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
Looks strange.
Opened SR's, infopass etc... first the reason was NC... now they just say it should be approved, no idea why its stuck... Now we are just tired... let it come whenever it has to... 11 years and still waiting :mad:
Looks strange.
Opened SR's, infopass etc... first the reason was NC... now they just say it should be approved, no idea why its stuck... Now we are just tired... let it come whenever it has to... 11 years and still waiting :mad:
more...
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qwert_47
09-27 12:41 PM
^^^^^^^ bump
Appreciate any advice...thanks
Appreciate any advice...thanks
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radhay
06-20 11:07 AM
I am in the same boat (completing a decade of career in US). Can they hire you as a consulting PM so you can still stay with your current employer?
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immilaw
12-08 09:03 AM
[QUOTE=gc03]Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.[/QUOTE
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.[/QUOTE
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
sanjay02
06-29 08:35 PM
I guess the cases that are pre-adjucated are called for interview.
rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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