nrk
10-31 04:24 PM
Thanks for the info,
how to contact Ombudsman
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
how to contact Ombudsman
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
wallpaper irthday party balloons and
satyasaich
07-21 04:02 PM
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
Macaca
09-03 08:26 AM
From The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson, February 2005
When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)
Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.
When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)
Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.
2011 30th Birthday Party Balloons,
Almond
11-02 06:19 PM
MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
Um, priority date August 06 and you're an EB3? ...you might want to leave these forums for about mm...3-4 years and come back when it's ALMOST your turn. Then you'll be almosting for a few more years :D like me. Then you can start doing your little song and dance. Look at my date.... :(
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
Um, priority date August 06 and you're an EB3? ...you might want to leave these forums for about mm...3-4 years and come back when it's ALMOST your turn. Then you'll be almosting for a few more years :D like me. Then you can start doing your little song and dance. Look at my date.... :(
more...
jthomas
07-19 11:19 PM
Start looking for another job. Get back to H1B and get your wife back on H4. there is nothing as important as personal life.
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
more...
gagbag
07-04 03:46 PM
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Photos: $50
Photocopy+ Printing: $20
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va_dude
09-09 03:24 PM
You are right, the PMP doesn't really fit too well with more contemporary software development methdologies of today. But the book still adds some value in that it still talks about the basic fundamentals of planning, executing and monitoring - which are activities practiced in all industries.
I did get some additional value by reading up on agile project mgmt. Its more software dev specific.
Asking an architect for an opinion on proj mgmt is a waste of time. There usually is a sharp divide between their perspectives (i've been on both sides of this debate). Technical architects usually feel mgmt is a bunch of fluff, which many times it is, but a lot of it is still "essential" fluff :)
I did get some additional value by reading up on agile project mgmt. Its more software dev specific.
Asking an architect for an opinion on proj mgmt is a waste of time. There usually is a sharp divide between their perspectives (i've been on both sides of this debate). Technical architects usually feel mgmt is a bunch of fluff, which many times it is, but a lot of it is still "essential" fluff :)
more...
anilsal
07-25 11:27 PM
to channel all your frustrations and anxiety toward a noble cause. Life is hard. GC is just a milestone, just the way you experienced your first process (H1,J1,F1) to get to the US.
I think worrying a lot about the GC has increased my blood pressure (and I need to relax). :) It is just like the COLTS disease - men are made to worry about the future. ;) IV allows to share your pain with others and also work together for a cause.
Remember life can be worse than what it is for you now (http://anilgeneral.blogspot.com/2008/07/when-going-gets-tough.html) Chill, it is a friday.
I think worrying a lot about the GC has increased my blood pressure (and I need to relax). :) It is just like the COLTS disease - men are made to worry about the future. ;) IV allows to share your pain with others and also work together for a cause.
Remember life can be worse than what it is for you now (http://anilgeneral.blogspot.com/2008/07/when-going-gets-tough.html) Chill, it is a friday.
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beppenyc
03-16 04:25 PM
http://www.denverpost.com/nationworld/ci_3609151
Tancredo, 70 lawmakers strike out at guest-worker plan
By Anne C. Mulkern
U.S. Rep. Tom Tancredo, R-Colo. (AP)
Washington - Colorado's Rep. Tom Tancredo and 70 other U.S. representatives sent a letter today to a Senate committee, warning that legislation it's considering allowing illegal immigrants to work legally in the country will hit a roadblock if it comes back to the House.
The Senate's Judiciary Committee for the last two weeks has been debating an immigration reform bill that includes what's being called a “guest worker” program, something President Bush said he wants.
“We are concerned that some of these proposals are fundamentally incompatible with the desire of the American public for real immigration reform and their clear opposition to reform proposals that amount to little more than thinly disguised attempts to provide amnesty," the House members said in the letter.
“If the Senate were to pass such a proposal, we believe it would doom any chance of a real reform bill reaching the president's desk this year.
Tancredo, R-Littleton, and the other 70 lawmakers were part of a group that led the passage of a bill in the House that imposes new border security measures, including increasing penalties for being in the country illegally.
The House bill does not include a guest-worker provision. The group considers allowing illegal immigrants to stay in the country legally a form of amnesty.
“Rewarding persons who have broken the law with an advantage that they would not otherwise have had encourages more illegal behavior and is unjust to immigrants who came to the U.S. legally,'' the letter says.
Reps. Bob Beauprez, R-Arvada, and Joel Hefley, R-Colorado Springs, are among those who signed the letter.
The Senate Judiciary Committee is not expected to finish work on the bill this week, which was the deadline given by Senate Majority Leader Bill Frist. He is expected to introduce his own bill possibly today that includes border security measures and does not have a guest worker provision.
Tancredo, 70 lawmakers strike out at guest-worker plan
By Anne C. Mulkern
U.S. Rep. Tom Tancredo, R-Colo. (AP)
Washington - Colorado's Rep. Tom Tancredo and 70 other U.S. representatives sent a letter today to a Senate committee, warning that legislation it's considering allowing illegal immigrants to work legally in the country will hit a roadblock if it comes back to the House.
The Senate's Judiciary Committee for the last two weeks has been debating an immigration reform bill that includes what's being called a “guest worker” program, something President Bush said he wants.
“We are concerned that some of these proposals are fundamentally incompatible with the desire of the American public for real immigration reform and their clear opposition to reform proposals that amount to little more than thinly disguised attempts to provide amnesty," the House members said in the letter.
“If the Senate were to pass such a proposal, we believe it would doom any chance of a real reform bill reaching the president's desk this year.
Tancredo, R-Littleton, and the other 70 lawmakers were part of a group that led the passage of a bill in the House that imposes new border security measures, including increasing penalties for being in the country illegally.
The House bill does not include a guest-worker provision. The group considers allowing illegal immigrants to stay in the country legally a form of amnesty.
“Rewarding persons who have broken the law with an advantage that they would not otherwise have had encourages more illegal behavior and is unjust to immigrants who came to the U.S. legally,'' the letter says.
Reps. Bob Beauprez, R-Arvada, and Joel Hefley, R-Colorado Springs, are among those who signed the letter.
The Senate Judiciary Committee is not expected to finish work on the bill this week, which was the deadline given by Senate Majority Leader Bill Frist. He is expected to introduce his own bill possibly today that includes border security measures and does not have a guest worker provision.
more...
prioritydate
08-17 07:31 PM
Bumpy... Bumpy...:D
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gc_in_30_yrs
09-14 03:20 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
more...
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felix31
01-31 03:44 PM
FYI: USCIS does not charge for Visa Lottery... It's FREE.
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
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mygc2006
04-02 07:38 AM
sent both faxes :)
more...
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Better_Days
04-09 04:26 PM
...
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
...
The human being is like a tiny and replacable cog in the system.
...
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
...
Sorry, seeing this week's H1B brings out the pessimist in me.
Damn, man it feels like you are reading my mind.
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
...
The human being is like a tiny and replacable cog in the system.
...
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
...
Sorry, seeing this week's H1B brings out the pessimist in me.
Damn, man it feels like you are reading my mind.
Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.
Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!
Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.
Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.
There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.
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whattodo
07-27 02:57 PM
This is paranoa!!!!!!!! STOP already
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
More than paranoia, I will call this stupidity. I dont understand what are people trying to do. People with misuse, clog the already clogged system and then complain later on.
more...
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priya34
10-11 04:25 PM
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
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chanduv23
02-07 12:47 PM
Some tri staters have reported sending out multiple letters - will get the number soon
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onemorecame
10-19 01:39 PM
I efiled on June 01 2010, but response till today
pd_recapturing
03-22 09:48 AM
BharatPremi, I PMed you. Check my message.
pappu
01-11 06:04 AM
Pls let us know if you have participated in the campaign:
http://immigrationvoice.org/forum/showthread.php?t=16506
http://immigrationvoice.org/forum/showthread.php?t=16506
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