krishnam70
06-18 11:40 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
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BharatPremi
07-11 11:18 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
GotGC??
01-02 03:30 PM
Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
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sathish_gopalan
07-05 04:21 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
more...
DDash
09-22 11:46 AM
....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
sledge_hammer
02-07 04:07 PM
Take the poll people ...
Thanks!
Thanks!
more...
snathan
04-15 06:32 PM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
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h1bemployee
02-26 05:14 PM
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
more...
sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
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panday
11-21 09:44 AM
HI everybody,
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
more...
immi2006
05-04 09:48 AM
Yesterday AC 360 interviewed Senator Corny, and others including Laura Bush, all of them mentioned how upset they were to see Mex Flags, Spanish version of national anthem, and more importantly, disrespecting US laws and waving foreign flag.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
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breddy2000
04-04 03:31 PM
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.
Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.
Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.
Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.
more...
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onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
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Sandeep
03-15 11:54 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
more...
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howzatt
07-12 09:33 AM
This and the new rumor that two senators were influencing USCIS clearly implies that the whole mess is a result of the CIR bill.
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
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jonty_11
05-15 10:27 AM
Good going IV..
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
more...
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truthinspector
01-28 08:12 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
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olddutch
10-27 02:57 PM
Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
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rb_248
09-10 03:26 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
My Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
My Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
Berkeleybee
04-03 06:12 PM
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
webm
10-15 12:38 PM
I agree with you!!
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
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