GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
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gcpool
09-13 01:10 PM
If we do premium process, does this increase the change of rejection?
4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
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zxc1251
03-10 03:39 PM
Same thing here.... Applied 1/25/11... Contacted USCIS and second level IO said everything is fine with the application and he was able to see the application in system and pending.... He said something is wrong with online system so it is not showing up online.... Hope he is right.....
more...
Rune
June 20th, 2004, 10:27 AM
Hmm... I'm not good at comments, so I'll do the obvious one and let the others handle the rest... :)
In your third shot (the colour shot of a guy sitting), the hand is sharp and in focus, but the face is washed out, almost as if someone had used PS to severly soften it? What's that about? Is the hand really that much in front of the face, or is something else going on? (It looks like he is leaning forward, but I guess not enough)
Inquiring minds want to know. :)
In your third shot (the colour shot of a guy sitting), the hand is sharp and in focus, but the face is washed out, almost as if someone had used PS to severly soften it? What's that about? Is the hand really that much in front of the face, or is something else going on? (It looks like he is leaning forward, but I guess not enough)
Inquiring minds want to know. :)
bigboy007
08-24 10:45 PM
This is a contract position to work in canada.This is normally through couple of vendors.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
more...
GC_SUCK
10-27 11:03 AM
I could not understand what you mean by "NON-RIR labors were being processed first compared to the RIR ones. "
From AILA and immigration-law.com:
"AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."
I think we will not see a lot for Traditional Cases for a looong time.
My NON-RIR - PD - 04/2002 is also stuck in BEC.
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
From AILA and immigration-law.com:
"AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."
I think we will not see a lot for Traditional Cases for a looong time.
My NON-RIR - PD - 04/2002 is also stuck in BEC.
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
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akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
more...
gcdreamer05
12-10 05:50 PM
Hi Folks,
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
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sangfroid
01-16 07:35 PM
Hi,
I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?
As per my job requirement details, it is as below:
i ) Bachelor degree in technology related field.
In the detailed experience seeked, it says as below:
i) Five years of experience with installing, maintaining servers.
ii) Three years of practical experience in routing and network security.
I have more than 5 years of working experience (which they seeked) before I started this job.
Under which category will it fall under, EB2 or EB3 ?
Thank you
I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?
As per my job requirement details, it is as below:
i ) Bachelor degree in technology related field.
In the detailed experience seeked, it says as below:
i) Five years of experience with installing, maintaining servers.
ii) Three years of practical experience in routing and network security.
I have more than 5 years of working experience (which they seeked) before I started this job.
Under which category will it fall under, EB2 or EB3 ?
Thank you
more...
pappu
08-23 11:00 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
---
Please tell all your friends too.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
---
Please tell all your friends too.
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spicy_guy
11-15 11:08 AM
Will lame-duck Congress settle differences or scores? - CNN.com (http://www.cnn.com/2010/POLITICS/11/15/lame.duck.congress/index.html?eref=mrss_igoogle_cnn)
more...
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GC_SUCK
03-30 09:52 AM
Guys, have not heard any thing about my I-140 PP.
I was mailed on 03/23 thru DHL. Is it normal. I was thinking they will approve it in 5-15 days?
Any one who recently filed concurent?
I was mailed on 03/23 thru DHL. Is it normal. I was thinking they will approve it in 5-15 days?
Any one who recently filed concurent?
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roseball
07-26 09:21 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.
Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.
Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.
more...
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prasadn
06-30 12:06 PM
Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
more...
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Blog Feeds
09-24 03:20 AM
Most Immigration Lawyers that care for their work are tired of Mr. Dobbs. Mr. Leopold from AILA posted a valid statement about Dobbs' campagin of Hate:
CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.
It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?
As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:
� FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."
� FAIR has employed members of white supremacist groups in key positions.
� FAIR has promoted racist conspiracy theories.
� FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.
� FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."
Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,
� His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration
� His relentless repetition of stories on immigrants and crime that project an impression far from reality
� His association of immigrants as carriers of disease that has been both inaccurate and pejorative
Enough is enough.
If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.
More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)
CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.
It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?
As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:
� FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."
� FAIR has employed members of white supremacist groups in key positions.
� FAIR has promoted racist conspiracy theories.
� FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.
� FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."
Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,
� His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration
� His relentless repetition of stories on immigrants and crime that project an impression far from reality
� His association of immigrants as carriers of disease that has been both inaccurate and pejorative
Enough is enough.
If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.
More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)
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mariner5555
05-27 04:02 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!
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niklshah
09-16 02:52 PM
no u can not work on receipt, try to call USCIs and expedite the process, go to senators office they will help u in this matter also...
useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
senthil1
05-01 09:32 AM
Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
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