vayumahesh
12-03 07:58 AM
Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....
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SkilledWorker4GC
07-15 04:48 PM
Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
WAKE UP GUYS
WAKE UP GUYS
psaxena
01-10 06:09 PM
There are ton of companies that you can go thru. My case was worse than yours, I am on EAD with expired visa. I already had a house on which I was trying to get the loan modification and when going through that process my credit was screwed up. There was no way I could have got the loan from BOFA or chase or any other big names. I went thru a very small loan servicing company who service the loan and make a portfolio of loans and sell to big banks. Even with that small company it was almost impossible but my loan officer got it thru and finally we moved into a new house then.
So bottom line , kick the lame a** loan officer and look for someone else.
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.
So bottom line , kick the lame a** loan officer and look for someone else.
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.
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spicy_guy
09-02 01:00 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Oh Man! You should be in your 40s now....And you are still waiting for GC. You must be knowing this. You will have to wait for 15+ years more for your DMAN GC!! By that you may have been retired.
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Oh Man! You should be in your 40s now....And you are still waiting for GC. You must be knowing this. You will have to wait for 15+ years more for your DMAN GC!! By that you may have been retired.
more...
gc_on_demand
04-30 03:14 PM
Hahaha... Oppenheim just got caught in his words by that guy ... yoooooo!
can you share more detail on that incident ?
can you share more detail on that incident ?
ind_game
05-14 08:41 PM
Here is the scoop.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.
Liaison confirmed the following:
1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.
3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.
4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska’s decision to deny the I-485 may have been in error. (which in my case is true)
Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor
Unanswered questions:
1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
2. Are they both not looking at my information with same interface?
Conclusion:
Atleast in my case it looks deliberate and intentional.
more...
ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
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wa_Saiprasad
09-01 09:25 AM
Priority date: May 2002 Eb3.
Same company
Same h1b
Same labour.
Same company
Same h1b
Same labour.
more...
prinive
07-06 01:28 PM
it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:
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k2006
06-01 04:46 PM
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
more...
hebbar77
09-10 06:08 PM
I was hopeful of GC soon. Now with OCT bulletin, I will let the GC come(or not) and use my EAD to get on with my life.
Let anyone bullshit with PDs etc.
Let anyone bullshit with PDs etc.
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gc28262
03-12 03:12 PM
................................................
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
.................................................. ..................................
Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.
We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
more...
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skd
04-14 12:58 AM
Had anybody have to send Driving License for filing extention of h1b?
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a_paradkar
07-14 01:46 PM
10$ from em 2.
Thanks IV
Thanks IV
more...
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skv
06-25 12:21 PM
Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!
-M
It's awesome. Good news! Enjoy very moments....:-)
-M
It's awesome. Good news! Enjoy very moments....:-)
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villamonte6100
03-31 01:43 PM
"This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school..."
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
more...
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selvaela
07-16 09:34 AM
Hi,
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
Donated 10 dollar. Here are my details.( DCU allows me to release the payment only on 7/21. Sorry about that.
Confirmation No: 7YHSG-0JVVC
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makemygc
10-25 11:59 PM
I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.
I would suggest OP to add the copy of yates memo and the follow up memo to the posting.
Thanks
MakeMyGC
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to 3 persons.
1. Ombudsman
2. Director, NSC
3. Director, TSC
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
Nebraska Service Center
Director: Gerard Heinauer
General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)
USCIS NSC
P.O. Box 82521
Lincoln, NE 68501-2521
NOTE: If using overnight delivery by any private service provider, send your package to:
USCIS
Nebraska Service Center
850 S Street
P.O. Box (Insert Correct P.O. Box Number)
Lincoln, NE 68508
Be sure to include the appropriate P.O. Box number on the shipping label.
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Avenue, NW
Suite 7000
Washington, DC 20529
or email: USCIS-COMPLAINT@DHS.GOV
=====================
Director: David Roark
General
Correspondence:
USCIS TSC
PO Box 851488
Mesquite, TX 75185-1488
Customer Feedback:
Contact:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave., N.W.
Ste 7000, Washington, DC 20529
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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red200
12-11 03:37 PM
Hi Pappu and IV seniors,
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too ...................
Yes if this is one of IV's agenda . I will contribute as generously as possible
natrajs
09-11 04:37 PM
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
jonty_11
05-01 02:31 PM
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
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