chanduv23
03-21 08:10 PM
All NY members - New York City, upstate ... please join this mailing list
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
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rameshvaid
06-17 10:52 AM
^^^^^^^^^
I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
gc_buddy
04-01 06:48 PM
That's true. But if there is G28 attached to your I 485, then the attorney can act on your behalf.
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
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gcbikari
06-02 02:18 PM
Done. Thanks.
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pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
god_bless_you
02-20 06:21 PM
Office of Communications
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
www.uscis.gov
Questions & Answers February 20, 2008
FBI Name Check
Q1. How has USCIS changed its national security reporting and adjudication
requirements?
A1. USCIS has not changed its background check policies as those policies related to naturalization
applications. Recently, the agency did modify its existing guidance for applications where the
immigration laws allow for the detention and removal of individuals if actionable information from a FBI
name check response is received after approval. For these types of applications, including applications
for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
and the FBI name check request has been pending for more than 180 days. No application for lawful
permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
Inspection Services (IBIS) check are completed and resolved favorably.
Q2. Why is this policy being implemented?
A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
Homeland Security?
A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
favorably. In addition, in the unlikely event that DHS receives actionable information after the
application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
been in the United States for some time and have previously been subjected to DHS background checks.
Q4. What applications are affected by this policy change?
A4. Applications included in this policy are:
�� I-485, Application to Register Permanent Residence or Adjust Status;
�� I-601, Application for Waiver of Ground of Inadmissibility;
�� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
and Nationality Act; and
�� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
of Public Law 99-603).
Q5. How many applications for lawful permanent residence are affected by this policy change?
A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q5. Does this policy change affect naturalization applications?
A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q6. How long will it take for USCIS to work through these cases affected by the policy change?
A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
USCIS anticipates that the majority of the cases that are subject to this policy modification will be
processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
backlogs before Congress not to cut corners in the adjudicative process or risk national security in
the interest of production? Does this policy comply with the Director’s pledge?
A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
For those applications for permanent residence that are affected by this policy modification, no
application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
name check requests upon receipt of the applications and will review, monitor and track cases approved
under this policy until the FBI name check is complete. In the unlikely event that DHS receives
actionable information after the application is approved, it will initiate removal proceedings.
Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
other forms, specifically nonimmigrant and naturalization, in this policy?
A8. No.
Q9. Should customers contact USCIS through the 1-800 customer service number or make an
INFOPASS appointment to visit their local office if they believe their application meets the criteria
of this new policy?
A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
needed.
– USCIS –
more...
anandrajesh
12-13 03:11 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
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nag2007
10-11 04:20 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
more...
GC_SUCK
07-19 02:19 PM
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
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TomPlate
02-28 11:37 AM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
Please share your thoughts on this.
more...
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shivarajan
06-10 03:52 AM
funny it says ...
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
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Lamabs
01-26 07:58 PM
We all migrated for one reason or other. Don't add salt to an open wound.
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
I'm not from Andhra but I'm an Indian and always proud to be known as Indian. No matter what this place has to offer at time of crises if you can't help then don't hurt.
I have been on F1 before, I'm waiting in line for GC to be approved. This forum is for information that will help.
Can the Admin delete any post that hurt people.
more...
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gc_on_demand
05-19 10:16 AM
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
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apahilaj
12-04 09:05 AM
I just called USCIS today and the officer told me that they haven't scheduled our biometrics yet since they are overwhelmed with the applications. She said I should wait till next year.
Also inquired about my name check and she said that they've started it and it's still pending...
Only option is to wait it out as always...
Also inquired about my name check and she said that they've started it and it's still pending...
Only option is to wait it out as always...
more...
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longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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downthedrain
02-18 04:39 PM
another LUD today for me 02/17
Another LUD 02/18...probabaly another RFE
Another LUD 02/18...probabaly another RFE
more...
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Soul
02-02 06:07 PM
Oooo excitin'!.... :bounce:
So whats the final date Eilsoe? When the winner is announced I mean...
- Soul :goatee:
So whats the final date Eilsoe? When the winner is announced I mean...
- Soul :goatee:
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godspeed
11-03 01:36 PM
no, its called covering our behind, if in future something comes back to bite ;),
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
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copsmart
10-10 07:56 AM
Everest Technology? Sounds so familiar, but definitely they are not in the list of blood suckers I dealt with.
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
bostonqa
04-17 11:19 PM
Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.
1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.
1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.
gc_on_demand
11-02 01:03 PM
I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
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