Friday, June 17, 2011

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  • wikipedia_fan
    03-30 03:40 PM
    I never got any LUDs but got a denial on my 485 after going through the AC21/NOID stuff way back in August, 2008.

    There could be some background processing going on.

    Is there are pattern to these LUDs?




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  • dvnagesh
    04-01 01:55 PM
    I got a soft LUD on my 485 application on 3/26/2009 [first time since the original LUD.] Soft LUD on the spouse' 485 as well. Will post if there are any updates....




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  • gsc999
    07-12 12:30 AM
    Does that mean that you are preparing the press release as well? Please send some information our way so that we can start blogging.

    Can you help us create the press release?
    Please see first page of this thread for event details. Thanks in advance




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  • RandyK
    11-06 11:50 AM
    Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."

    Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.



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  • EndlessWait
    11-01 08:37 PM
    move...u dont need to post a msg...




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  • StuckInTheMuck
    04-27 08:04 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck



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  • PHANI_TAVVALA
    11-18 03:06 PM
    I'm thinking of buying Atlas America Comprehensive with $100 deductible for my Mom. It's coming out to be $991.00 for 6 months approximately.

    Friends, if you have any complaints about Atlas or much favorable things to say about other insurance companies, Please suggest me.

    Best!

    Took Atlas America due to their "acute onset of pre-existing clause". Mom got pneumonia 3 weeks after coming to US in April last year. They declined to cover hospital bills saying it is a pre-existing condition. Doctor's opinion was she acquired it due to cold weather and highly improbable for someone to have it not get sick for 3-4weeks. Insurance did not care. Still paying the bills.




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  • ek_bechara
    08-13 06:08 PM
    Boy! you thinking every EB2 is masters and every EB3 is bachelors?

    Never visited IV? Thank you
    First and last post in IV? Once again, thank you
    Never contributed or will not contribute? We are not begging you to contribute. So chill Doc.

    Next time you decide to tickle your tonsils with your toe-nail make sure you have your facts right.

    Let us start a fund for this guy's ticket back-home.



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  • walking_dude
    11-28 12:09 PM
    Tommorrow is the D-Day. Let's try to call-in and bust his arguments. What all troublesome questions can we ask him?




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  • gc28262
    04-27 10:01 AM
    http://www.moneycontrol.com/india/news/business/dont-see-new-h1b-proposal-turning-intoact-nasscom/395009



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  • newuser
    04-28 12:01 PM
    Thanks for the info.




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  • belmontboy
    04-20 05:39 PM
    It seems that some of us want to fight, but don't have a dedicated thread. Instead we have been hijacking other useful threads.

    What I propose here is a FIGHT THREAD.
    Yes, this is a copycat idea from FIGHT CLUB

    How we go about:
    1.) Establish a dedicated thread - just for fighting.
    2.) At a pre-determined time (of day or night), fighters login.
    3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
    4.) Fight ends at a specificed time.
    5.) Fighters take a break until the next schedule (may be daily or thrice a week)
    6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.

    how's the idea :D?



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  • sledge_hammer
    07-16 10:55 AM
    Done...




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  • gcisadawg
    04-09 01:09 PM
    sree & ilikekilo,

    Thank you both for your response. I've expressed my concerns to attorney and she is checking it. I'd take infopass and verify also.

    Thanks,
    Seyed



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  • chicago60607
    09-17 11:14 AM
    Finally one member is seated, I guess it is Mr.King




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  • deletedUser459
    06-05 12:07 AM
    thanks b3n

    its mah first battle



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  • dotnetguru
    07-02 04:35 PM
    I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
    1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
    2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
    3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
    4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
    also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
    5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
    do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
    the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
    this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
    I am not an attorney...i am just an immigrant stuck in GC Q like u guys....




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  • Macaca
    02-15 02:03 PM
    Credibility is lost if dissenting views are deleted. Let's agree to disagree AMICABLY.

    Let's agree to disagree- I am very uncomfortable with the attacks on those who share dissenting views or who attack IV core team etc. Let's not forget that we're a democracy and thus entitled to share dissenting views - it is actually healthy.

    On the other hand, at the end of a slugfest, we should make some progress. I have not seen any progress in all slugfests. My previous post has an example.

    In my own very narrow/assinine/conceted/... way, progress is contributing to IV. Hence, I am focussed on progress in following.

    Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.

    1. Where is the money for the lobbying firm?
    2. Whose problem is it to arrange money for the lobbying firm?
    3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?




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  • Macaca
    02-01 04:44 PM
    Obama made a statement last night we should fix the Borken Legal Immigration System.
    That is a cliche. Everyone says it without knowing the details.

    Obama has very poor understanding of issues. He has no idea how to solve most of the problems.

    Lot of persons (like you :)) like him!

    Billary (oops! Hillary) knows everything. She takes some cheap shots which she does't have to!




    my2cents
    11-10 03:33 PM
    That was a great one jthomas. 100% agree.
    Have decided to dump my H1 for good and start EAD on my new AC21 job soon.

    getting job on EAD is much easier than h1b sponrsorship. AC-21 law was created to protect employee because of processing time taken by INS at that time.
    At that time, USCIS ( former INS ) was taking probably more than 1 year.
    By law, you can safely jump on 181 days and a lot of people are thinking of that for whatever reason. But my take will be that you should not jump on new job if
    - If you are relatively stable in ur job and compensated ok.
    - ur PD is very old (2001-02) because you case may be close to adjustication.
    - You may have greater challange keeping ur new job if economy went south

    if you get laid off from a job then it is much better to get a job on EAD rather than H1b. Probably underlying intention was AC-21 to protect alien in case he gets laid off. I know a lot of people take taken advantage of AC-21 and it is good.
    BUT final regulation has not been published and USCIS final rule of AC-21 may be severely restircted in final rule (especially with July VB fiasco)


    just my 2 cents




    immique
    06-11 10:50 PM
    I disagree with the earlier comment. I don't agree that any one(including EB3) lost due to July 2007 visa bulletin. sure it was haphazard by the way it was handled, but thousands of well qualified applicants from many retrogressed countries had a chance to file their I 485 and were able to obtain well deserved benefits like EAD, AP or themselves and their dependants which thy have been denied for many yearsdue to the inefficient processing of various agencies. people have to realize that all of us are in the same boat and most of the people getting unfair treatment are from the retrogressed countries waiting for their green cards for 8-9 years



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