rajuram
01-05 12:15 AM
So is it worth while to invest $500 in PMI certification?
Yes
Yes
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Daisy
12-20 11:00 AM
This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!
JA1HIND
01-27 01:55 PM
To he who handed over $7K.....
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
Thank you so much and really appreciate for giving me an idea on how to approach.. I will look into my folders and see what all proof I have in order to defend myself...I know the fact that all my emails communications and shared documents, payslips are still in place and will for sure find something out of it...
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
Thank you so much and really appreciate for giving me an idea on how to approach.. I will look into my folders and see what all proof I have in order to defend myself...I know the fact that all my emails communications and shared documents, payslips are still in place and will for sure find something out of it...
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vbkris77
11-30 10:46 PM
If Ron were to look at the state dept. allocation for S. Korea in 2008, they got most of 7% in EB. The number was close to 25K.
more...
bluekayal
02-04 10:24 PM
Good idea. Most of the Bay Area folks are in South Bay and I am sure would find it pretty easy to get to ICC.
Bluekayal
All,
I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?
For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.
Thanks,
Berkeleybee
Bluekayal
All,
I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?
For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.
Thanks,
Berkeleybee
Rajk
09-10 02:26 PM
A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
more...
chanduv23
06-20 02:41 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.
TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.
485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.
Lawyer needs money and employer needs prolongation.
With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.
This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.
So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.
These are priceless advices :D :D :D
Desi companies - HIGHLY ADVISABLE TO USE UR OWN LAWYER AND DONT LINK LAWYER AND EMPLOYER - THEY HAVE TENDENCIES TO BECOME BUDDIES BASED ON BUSINESS PROMISES.
TAKE ALL DOCUMENTS FROM EMPLOYER AND GIVE TO LAWYER. U MAINTAIN UPPER HAND WITH LAWYER.
485 RFE IS COMMON FOR EMPLOYER- LAWYER COMBO OF DESI COMPANIES.
Lawyer needs money and employer needs prolongation.
With rules changing and with CIR reintroduction and with Durbin Grassley amendments - Desi companies will be having tough business in future - they will try to retain consultants in whatever way possible. So beware. These people are sweet in their talk - but they do everything opposite to what they talk.
This maybe applicable to non desi companies also - this dates becoming current is an acid test for employer's genuinity.
So be cautious - watchful and get things done in smart way. 180 days down the lane the story is different.
These are priceless advices :D :D :D
2010 Under the magnolia tree
sledge_hammer
02-27 05:27 PM
Define "unprofessional" and how it applies to the replies here?
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
We are not talking here about the idea of sex before marriage, , drinking, or other values that are left to the individual's personal moral beliefs. We are not talking about that here. We are discussion DRUGS in case you were not paying attention.
Maybe you should put down that bong you've been smoking when you typed that so that you can focus on the topic at hand
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
We are not talking here about the idea of sex before marriage, , drinking, or other values that are left to the individual's personal moral beliefs. We are not talking about that here. We are discussion DRUGS in case you were not paying attention.
Maybe you should put down that bong you've been smoking when you typed that so that you can focus on the topic at hand
With your history of getting rammed here i would avoid saying that if i was you,
I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.
more...
saurav_4096
01-04 02:59 PM
wow...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
Guy will get better tax benifits if he can claim both as dependent...
How he is going to file a joint return..., I dont think turbo tax support it...
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sanju
09-09 11:17 AM
Hi,
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
more...
delhirocks
07-02 05:11 PM
To all:
Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
Please do this asap.
Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.
http://economictimes.indiatimes.com/articleshow/2166260.cms
Thanks.
485 for 2 people
Medical: $900
Photographs: $60
Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100
Non-Monetary costs
My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
Drove 120 miles to get medical
Missed 2 days from work
Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
Please do this asap.
Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.
http://economictimes.indiatimes.com/articleshow/2166260.cms
Thanks.
485 for 2 people
Medical: $900
Photographs: $60
Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100
Non-Monetary costs
My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
Drove 120 miles to get medical
Missed 2 days from work
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uslegals
08-20 04:10 PM
Will complaning to AILF OR AILA help..??
more...
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FinalGC
03-26 11:50 AM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
Thanks from Michigan
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jonty_11
07-25 02:43 PM
I gets very severe migraine attack almost everyday thinking about the GC !! I took so many pain killers(acetameno) almost everyday ..now they also stopped working on me...and due to these apin killers ..I became acidic ..acidity everyday..even without eating spicy things...my wife says, probably my lever damaged ..don't like to visit doctors ...will it get worse ? I can't escape visiting IV everyday !! Any remedy for me will be highly appreciated....
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
more...
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Sheila Danzig
08-18 02:40 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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andy garcia
06-05 04:34 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
more...
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HarshJ
10-02 01:31 PM
No FP notices. Spoke with the lawyer today morning and he mentioned that as the FPs are elgible for 15 months, they issue the FP when they "think" that they shall be able to finish the case in that 15 month time period.
My EADs say FP not available, but I believe that it is not a big concern.
Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.
As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.
My EADs say FP not available, but I believe that it is not a big concern.
Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.
As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.
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Munna Bhai
08-20 03:49 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
Is this Desi?? This is very very bad.
Is this Desi?? This is very very bad.
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vadik78
04-14 08:34 AM
so, now they have bumped up EB3 ROw, does that mean they will bump up EB2 or EB3 India next month? The fact that EB2 and EB3 India are stuck, does it mean these categories have already reached their per country annual limits?
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
Judging by the 1-year leap for RoW, the priority date for ROW should have being moving throughout the year. Maybe the same situation here - they just cannot count, and are going to waste some visas at the year-end.
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 –
h88
02-05 01:54 PM
Originally posted by eilsoe
*just 11 more votes, just 11 more votes!!*
10
:cool:
Your entry is really cool eilsoe, Good Job Everyone!
*just 11 more votes, just 11 more votes!!*
10
:cool:
Your entry is really cool eilsoe, Good Job Everyone!
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