lazycis
02-14 09:23 AM
http://www.immigration.com/litigation/I-485_litigation.html
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
Read
this
http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf
this
http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf
and this
http://www.immigration.com/litigation/I-485/order_class_denied.pdf
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GCOffice
09-28 10:51 PM
Hi ,
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
Macaca
06-28 10:52 AM
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
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boreal
07-21 05:23 PM
People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
..
Thanks for explaining how this works!! I only avoided them and never heard their pitches, but looks like they go through an awful lot. No wonder why they keep at it even if everyone avoids them like plague. Now I am feeling sorry for all the cold shoulders that i gave them so far. Anyway, those ppl have reduced in the bay area somewhat..I am here since more than ten years now and I have seen that the folks that keep pestering me out in the malls, Kohls, Target etc are dwindling. Maybe they are coming to their senses and learning that there are decent ways to earn money.
Having said all these, someone was suggesting that we maintain a central database and malign them further. Thats pure evil man! Why go to these extremes? Just ignore them and they will go their way - yeah they are a nuisance, but nothing more, right? They are still humans!
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
..
Thanks for explaining how this works!! I only avoided them and never heard their pitches, but looks like they go through an awful lot. No wonder why they keep at it even if everyone avoids them like plague. Now I am feeling sorry for all the cold shoulders that i gave them so far. Anyway, those ppl have reduced in the bay area somewhat..I am here since more than ten years now and I have seen that the folks that keep pestering me out in the malls, Kohls, Target etc are dwindling. Maybe they are coming to their senses and learning that there are decent ways to earn money.
Having said all these, someone was suggesting that we maintain a central database and malign them further. Thats pure evil man! Why go to these extremes? Just ignore them and they will go their way - yeah they are a nuisance, but nothing more, right? They are still humans!
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vine93
09-23 05:12 PM
Nixtor,
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
Legal
07-25 02:37 PM
Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
Baseline average approvals have been 9000+ per month......read this link.
http://www.ilw.com/articles/2007,0716-lee.shtm
Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
by Alan Lee, Esq.
More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]
This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........
Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
Baseline average approvals have been 9000+ per month......read this link.
http://www.ilw.com/articles/2007,0716-lee.shtm
Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
by Alan Lee, Esq.
More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]
This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........
Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.
more...
gc28262
01-24 01:34 PM
Kindly visit this forum
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.
In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.
In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.
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saturnring11
07-22 04:21 PM
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
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srikondoji
06-26 12:19 PM
the USCIS may retrogress the dates mid month due to heavy load of applications in july.
However my lawyer just confirmed that
It is not possible for visa numbers to retrogress mid-month.
However my lawyer just confirmed that
It is not possible for visa numbers to retrogress mid-month.
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hopefulgc
02-13 02:39 PM
I am ready to commit $25 for the initial consultation with Rajiv or some other lawyer. I have no qualms about raising my commitment if there is need.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
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grupak
12-14 01:19 PM
I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
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glus
03-19 09:03 PM
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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ganguteli
06-02 04:14 PM
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
This is what I am trying to tell you.
Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.
I would have done it by now, and not requesting a team effort.
This is what I am trying to tell you.
Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.
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AirWaterandGC
05-12 08:04 AM
Thanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.
Thanks again.
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
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mbawa2574
02-15 04:54 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.
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snram4
01-17 10:14 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
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amitga
02-15 06:08 PM
What happend when a law contradicts another law. There is a law which says slavery in unlawful and 'employment at will' is the right of every person on US Soil.
Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.
Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.
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samay
07-21 08:30 PM
My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?
Its fine so long as they are back before their AP expires.
Its fine so long as they are back before their AP expires.
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alien007
07-22 08:56 AM
2005. The guy at the college said to the FOBs (including myself)...Dress in your best suits, we are goin to a business meeting! all of us got excited. the meeting was attended by people of all colors. felt good that desis are heading it! then i joined paying around $250. Slowly came to know that its not my cup of tea. The quickstar guys have only few brands of softdrinks and other amway products, always nagging others to join in, faking a spontaneous friendship. The speeches they give at the meetings are all almost the same. they seem to have a standard text, and have an aquired american accent. they talk abt being financially independent, but losing perspective, friends, decency. after a few weeks, i got my refund, and pulled out.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
pappu
01-28 05:12 AM
Such people give a bad name to high skilled immigrants. They give fodder to anti immigrants to talk against H1Bs and greencard applicants by talking about abuses and exploitation.
IV is against any kind of breaking of the law and condemn such people. I'm sure DOL is watching Sulekha website since this is the place where such ads have been posted and reported.
IV is against any kind of breaking of the law and condemn such people. I'm sure DOL is watching Sulekha website since this is the place where such ads have been posted and reported.
onemorecame
06-26 04:53 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
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