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  • vinzen
    08-18 09:09 PM
    I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.

    First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?

    Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.

    And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.

    Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.

    Don't ever be that Indian guy in the office. Be a smart global citizen.





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  • akred
    02-15 11:04 AM
    Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.


    This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.

    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.





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  • gc4me
    07-16 02:05 PM
    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





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  • alterego
    12-13 05:14 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.



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  • ravise
    09-15 10:51 AM
    month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
    June-08 4/1/2004 122 2 9 18 61 30
    July-08 4/1/2004 88 1 7 14 29 36
    August-08 6/1/2006 261 0 3 5 19 63 103 67
    Sept-08 8/1/2006 3 0 1 0 0 2





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  • lfwf
    02-15 07:20 PM
    as always.

    i'm indian fyi. i'm not techie, i have nothing top do with body shops. and yes i'm a little offended by the streotypical crap.
    i do not claim any "best and brightest status" either.
    here are my questions:

    to the fighting indians: what good is the removal of a country cap on it's own? sure date for india will move a bit and row a little back. but most people will still be stuck because of the annual quota. without increased GC numbers the point of country quotas is moot.

    to row warriors: i guess if it benefits you it must be fair. cool. maybe i would have felt the same in your place. but tell me...i came here and did a lot of education. today in EB2 people like me (and even less qualified than me) are walking through with today's PD. i am 10 years away from a GC. any good reason? why am is so bad? so inferior? why am i penalized for my place of birth? fair? whatever...
    what if the same diversity were applied by occupation? religeon? color of skin? it's still diversity...would that be ok? if not then why place of birth? i'm not asking you to give up what you have by good fortune. just seeking acknowledgement that maybe there is something not quite fair here...

    anyway as for this funny accusation on all indian students being H4's, wow you can say anything you want, right?
    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.



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  • jkays94
    05-25 12:28 PM
    At what stage do you have to prove funds? Is it in the form of bank statements?

    Yes, certified/notarized bank statements or letters. In my case a 3 line letter on bank letterhead from my bank stating the holdings in the bank was sufficient. It is a good idea to demonstrate this at the beginning of the process. I know of someone who did not have all the funds at once and they wrote a letter explaining that they had $x amount at the moment (which he showed by way of a bank letter) and that by the time his application was to be finally decided he would have the full amount. After his initial assessment, he received a letter asking for his medicals and updated financials. His process completed in 9 months.





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  • sumagiri
    07-25 11:00 AM
    What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like your truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
    Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.

    As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!

    I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.



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  • copsmart
    09-24 02:19 PM
    WSJ
    Executive Editor
    a.murray@wsj.com

    WSJ
    Senior Editor
    darren.mcdermott@wsj.com

    MSNBC
    letters@msnbc.com

    NBC
    today@nbcuni.com

    Roll Call
    Editorial Department (http://www.rollcall.com/cgi-bin/udt/fdc.collector?client_id=rollcall&form_id=maileditform)



    CNN would trash our email or forward it to Lou anyway, so not included in the list.





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  • aps
    09-23 10:48 AM
    dude, suck in your hot air and sit down on the bench.

    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps



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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • sroyc
    09-24 04:38 AM
    Please see my inline comment.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • tikka
    07-04 07:39 AM
    http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta





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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?



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  • ilikekilo
    07-10 11:31 AM
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.


    please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...





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  • newbee7
    07-04 07:45 AM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.
    Macacca,

    Fantastic job!

    Can you please add to why does it hurt:

    Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can excersise the freedom to get out of the house and contribute to the emarican economy.



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  • nixstor
    09-23 02:17 PM
    Please keep sending those emails. IV is nothing but I + WE

    Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.

    None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.

    The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.

    As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.

    Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.

    If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.





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  • vrbest
    07-22 12:27 PM
    Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.





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  • bayarea07
    07-26 01:54 PM
    I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not





    franklin
    02-13 03:09 PM
    I take up the challenge. I'm ROW, maybe this is the spur that will make me participate somewhat.

    Yes, such a pity there was no one from the ROW group present in DC





    spdy_mn
    06-27 01:08 PM
    Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.

    I know it is easy to say and tough to do but what other option do we have ??



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