suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
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jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
hur11
01-22 10:08 PM
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
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andy garcia
09-17 12:45 PM
based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.
more...
sledge_hammer
02-26 02:19 PM
chitra and prashanti1j,
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
conchshell
07-28 10:55 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
more...
kumhyd2
07-26 01:08 AM
Another classic case of utter negligence by the attorneys.
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bandya
04-28 03:30 PM
Second contribution of $200. Contributed $400 till now.
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!
more...
pappu
07-12 01:31 PM
Is anyone there to answer my question? Please answer me.
Thanks
Whatheheck
yes you can.
move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.
Thanks
Whatheheck
yes you can.
move to the new company and file via perm. when you apply for 485 you can use those old pre-perm 2002 dates.
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nogc_noproblem
07-19 03:53 AM
Wow, the best reply I ever got on this subject. Thanks a lot.
Hope this helps :)
Hope this helps :)
more...
Jerrome
10-18 05:56 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
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waitingnwaiting
01-26 11:48 AM
Just wake me up when you guys get your answers. You should post on this thread.
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TomPlate
04-15 09:53 AM
You would have put some number. Please put 0 and it will be accepted.
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
more...
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QuickGreenCard
02-17 04:24 PM
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
Please share your thoughts...
Thanks
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saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
more...
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akred
01-01 02:44 PM
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
A recession will fix things too by reducing visa demand in the worldwide categories that are current today.
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
A recession will fix things too by reducing visa demand in the worldwide categories that are current today.
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bluez25
07-26 10:20 PM
Hi Rick,
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
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suriajay12
05-11 06:05 PM
Guys,
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
Good one, I support your views and I am ready to participate in any campaign that helps us all.
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
Good one, I support your views and I am ready to participate in any campaign that helps us all.
PHANI_TAVVALA
02-26 12:46 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
BharatPremi
11-27 05:27 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
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