eb3_nepa
07-11 10:50 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
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bigboy007
06-03 03:02 PM
I understand but i already sent our media drive to 50 different media , i aleady sent multiple faxes , i already sent many many emails but please advise me what more should i do to convince IV core that issues i have mentioned also effect many who are already IV members , i am requesting you to see Text of Webfax is added acoordingly ?
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
I have nothing to do with date too. but with many posts on it i still feel there are many many members that get effected
JunRN
09-28 09:08 PM
When I was a kid in school the teacher solved the bottleneck (of him/her doing the correction of tests) by having the students mark each others tests.
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
I'd be happy to adjudicate your case JunRN, if you'd adjudicate mine; heck, I'd even let you use your "current" Bank of America visa in place of a DOS visa :-)
More than willing as well...lol! You know what to do, ei and don't give me RFE.....you can interview me but soon after give me GC....
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sanjeev_2004
09-28 10:17 PM
USCIS don’t understand how desperately we need GC to get rid of these Middle client suckers. We are counting every day and they are just careless about their job.
more...
eb3_nepa
07-14 10:27 PM
I feel IV actions are hurting EB3-I more than any one. It just my feeling. I contribited close to $500 and my time.
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.
Why should you contribute, because if it wasnt for IV following up with Congresswoman Lofgren, your signature would simply read:
"PD Date: 03/2003 EB3,i140 aprvd from NSC: 09/2005".
Macaca
01-06 11:18 AM
Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
more...
raju123
06-01 04:00 PM
This might be useful to you.
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
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chanduv23
09-12 02:02 PM
I totally agree with "bsbawa10" , Not many people will involve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
more...
malaGCPahije
10-17 10:07 AM
Everyone who contributed to this have done a great job. Hopefully USCIS takes a note of this and rectifies their process in the future. I will send the letters soon. Thanks to each one of you for the efforts.
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JazzByTheBay
09-12 12:04 AM
This is great... thanks! :)
Dear XXXX,
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
Dear XXXX,
The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.
more...
cirigadi
09-10 05:37 PM
I just contributed another $100 from Google checkout.
Best of luck..
Best of luck..
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Libra
09-11 09:14 PM
zinchak thank you for your contribution.
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newuser
09-12 10:07 AM
I doubt how effective a letter campaign would be.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
We did letter campaign's couple of times and it didn't bring any coverage or change.
I still believe a clock (backward or distorted) is a good idea.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
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kumhyd2
07-26 09:23 AM
FYI:
SoCal Chapter members will be having their meeting at Artesia / Poineer Blvd about 30 miles south from LA on July 28th at 3p.m. Members in this region are encouraged to attend the meeting. The meeting address is
Woodlands Restaurant
11833 Artesia Boulevard
Artesia, CA 90701
If you have questions or wish to join the yahoo group please visit
http://groups.yahoo.com/group/SC_Immigration_Voice/
or send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Core Team: Can you help set up the conference call for this meeting so that those who cannot make it attend the conference call atleast.
SoCal Chapter members will be having their meeting at Artesia / Poineer Blvd about 30 miles south from LA on July 28th at 3p.m. Members in this region are encouraged to attend the meeting. The meeting address is
Woodlands Restaurant
11833 Artesia Boulevard
Artesia, CA 90701
If you have questions or wish to join the yahoo group please visit
http://groups.yahoo.com/group/SC_Immigration_Voice/
or send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Core Team: Can you help set up the conference call for this meeting so that those who cannot make it attend the conference call atleast.
more...
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apahilaj
04-30 06:54 PM
So, where is the bill going next? Sorry guys, haven't heard the recording but just going by the thread it seems like this hearing didn't go as expected...
Is the bill going to die prematurely or is it going any where?
Is the bill going to die prematurely or is it going any where?
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acecupid
06-11 12:59 PM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
I agree. Since politicians have no incentives from helping our cause, it has to come to an extreme breaking point when USCIS/DOS or politicians take any action. I think we have reached that point and that will help in highlighting the mess we are in.
Just trying to be optimistic!:)
more...
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GoGreen
08-11 10:13 AM
How many of us contribute to IV in terms of time, $ etc.
and how many are some free riders?
and how many are some free riders?
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axp817
12-01 10:20 AM
Another soft LUD on the 485 today - this is the 4th soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
Another soft LUD on the 140, 765, 131 - second soft LUD since 11/24.
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saimrathi
09-27 01:48 PM
Got our DL and State IDs renewed today in PA.. I had my pp, I-129 approval, spouse's pp, I-539 approval, Address proofs, employment letter, most recent paystub, letter from Social Security office for spouse.. They didn't have any problems renewing my DL as I already had a SSN.. but since my spouse doesn't have SSN they had to get some verification from USCIS online.. The only trouble with that was they didn't remember their login info, but once they found that, it took them only minutes to find what they needed and processed my spouse's renewal... So we dont have to worry about this for 3 years (actually our state ID has been renewed for 4 years, strange)...
mw_immi
01-10 05:37 PM
yes, i had an unexpired h1b/i-94. yes, i do have friends who were not on h1b/i-94 and still got approved from boa. for some reason, i believe, its pretty much the agent who handles your case decides on these issues. i remem' for one or two things which are supposed to be important, my agent asked me not to worry about and i dont think i gave him a copy of my h1b visa either.
sy
Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.
sy
Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.
vine93
05-10 02:49 PM
First I called my few freinds in MT, WY and RI. Passed on info them since they are local.
Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .
Well..I did my part.
Thanks.
Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .
Well..I did my part.
Thanks.
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