singhsa3
07-20 12:43 PM
It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
Additional Comments:
Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
Additional Comments:
Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D
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mirage
04-02 11:42 AM
I don't know what to tell you guys.. I'm surprised to see how some people's thought process work.
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
I have no Idea what's wrong in requesting USCIS to release some data which would tell how many applications they received of which chargeability and in which EB categories’ This is the only information needed to stop predicting, everybody here can make almost exact estimate when they can expect their application Adjudicated. And also in the mean time they should provide us assurance that they will issue EADs and APs in less than 90 days. We are in a foreign country and we need to travel to our home countries, if we are stuck with 1 year approvals our file is always in process, how do you plan a trip ???
Death in the family is the only reason they recognize as urgency for travel.
We are Humans, we have family back in our home countries, marriage in the family or family visit is also urgent..
To ask this you don’t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that...
dhesha
09-08 12:10 PM
Yes. Is there any Legislation/or anything that can be worked on to make it a Law for getting Citizenship application eligibility after 5 years (or 6 years considering time to process fingerprint/medical/etc..) of I-485 application Provided, it is been Pending for years becoz of Visa-Unavailability from state.
Does any one among the Core IV committee aware or any such point?
If anything best the Core IV can do for all us, then it should be this one. Not sure what is their opinion about it. At least we should try for it since it is covering majority of us to get benefited.
Does any one among the Core IV committee aware or any such point?
If anything best the Core IV can do for all us, then it should be this one. Not sure what is their opinion about it. At least we should try for it since it is covering majority of us to get benefited.
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EndlessWait
07-24 04:19 PM
After all sardarji can make a joke:D
stop making sterotypical comments.
stop making sterotypical comments.
more...
prom2
09-28 10:23 PM
Last week we saw just few approvals, so I guess this FY is over.
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
I don't think they are going to work 24 hours this weekend.
Visa number rollover now !
gctoget
07-19 12:58 PM
Hi eagerr2i,
Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
Just saw the message. Will send you a PM on this. FYI to other members, I know someone has prepared a list of So. Cal members which is very comprehensive. I will try to send a PM to get their details. If you have any other questions, please feel free to send me a PM or an email at twinbrothers@gmail.com
Here is a list of 53 members so far registered in SoCal chapter:
Jimi_Hendrix
GCSOON-Ihope
eagerr2i
days_go_by
485Mbe4001
yogkc
tcsonly
willgetgc2005
MY_GC_DREAMS
payal_nag
genius
Not2Happy
thirumalkn
meetdebasish
GC Process
baleraosreedhar
caydee
rkotamurthy
hourglass
murali77
satishku_2000
acruix
imv116
santb1975
amaruns
IN2US
twinbrothers
kumhyd2
xstal
mashu
zoooom
tcsonly
drona
DCQC
jasmin45
gctoget
rsamudrala
satishbsk
SDdesi
Progressive
abhisam
smuthu2000
hmehta
rfarkiya
eb3stuck
imv116
northstar1
manishs7
navkap
mangelschots
Pia
kkcal2002
GC_Applicant
more...
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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gc_chahiye
12-26 06:10 PM
Filed AP on Aug 13th, havent got it yet.
filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...
filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...
more...
gconmymind
09-14 12:49 PM
Good work guys!! Hope the rally will be a big success!!
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sunny1000
07-06 06:24 PM
And how does it not apply to AOS.
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
The difference is that AOS is handled by USCIS and the CP is done by DOS. It is the USCIS which ran out of the 60000 visas (supposedly) before July 1st even though DOS opened those numbers up for the entire July.
Now, DOS is saying to USCIS " you guys used your quota even before the rush started and so, we won't give you any more visa numbers but, we will continue to honor our quota via CP which we accounted for July". Just my interpretation. Don't shoot the messenger ;)
For Consular processing people have to plan trips and get medical and all that.
Why doesnt the same analogy apply to AOS. - Please explain...:confused:
The difference is that AOS is handled by USCIS and the CP is done by DOS. It is the USCIS which ran out of the 60000 visas (supposedly) before July 1st even though DOS opened those numbers up for the entire July.
Now, DOS is saying to USCIS " you guys used your quota even before the rush started and so, we won't give you any more visa numbers but, we will continue to honor our quota via CP which we accounted for July". Just my interpretation. Don't shoot the messenger ;)
more...
nlssubbu
07-24 06:42 PM
If they are such smart to calculate numbers like you said, which is theoritically possible, they would not be creating mess like this for years.
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
Yes, it is easy for them to know how many applications are filed and from which country and how many are in which category etc etc. Based on visa numbers availability, they could very well process the applications are request the visa numbers from DHS. When USCIS handles all the 485 processing, then how come DHS is responsible for moving the dates in VB. It is insane and ridiculous for DHS to have this functionality when they do not have any idea on 485 apps with USCIS. They are scewing up immigrants deliberately without transparency between them.
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
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Macaca
10-01 04:44 PM
Canot DOL/ UCIS make a judgement based on their own ?
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
more...
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vram
08-26 12:23 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
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cooldude0807
11-26 11:22 AM
Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)
If this is confirmed news, i will revisit my blog and make changes
__________________________________________________ __
I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!
If this is confirmed news, i will revisit my blog and make changes
__________________________________________________ __
I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!
more...
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icedgin
07-30 01:38 AM
Angel,
Good to hear that you are a Kabayan!I am currently in Marikina City.My wife is also calling friends and colleagues to contact Senators and Congressmen.I also had my sister(teacher) and cousins (nurses) contact theirs too even way back in Nov 06 when SKIL was being pushed in the new Congress. It is almost a year and at the latest the SChumer/hutchison amendment was withdrawn. I really hope something does pass for Sched A this year.
How come you did not accompany your wife when she went Stateside?
Good to hear that you are a Kabayan!I am currently in Marikina City.My wife is also calling friends and colleagues to contact Senators and Congressmen.I also had my sister(teacher) and cousins (nurses) contact theirs too even way back in Nov 06 when SKIL was being pushed in the new Congress. It is almost a year and at the latest the SChumer/hutchison amendment was withdrawn. I really hope something does pass for Sched A this year.
How come you did not accompany your wife when she went Stateside?
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imv116
07-15 09:04 PM
The problem I see with Los Angeles is the high population of illegals. Any thing here looks like pro-illegal.
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
Doing the rally in other cities in Los Angeles County or Orange County is the media visibility that we can get.
Any suggestions from SoCAL members?
-imv116
more...
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mbawa2574
09-16 07:49 AM
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
This was excellent.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
This was excellent.
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leoindiano
02-23 03:47 PM
Check for LUD;s on your already approved I-140, that may mean something, i gather from some GC holder's experience...
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immi_seeker
09-28 10:10 PM
This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries
Milind123
09-13 07:55 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
Thank you vandanaverdia. People who have never contributed please take this chance to contribute. Just need two more people to help me equal my yesterday's personal contribution.
BTW why is the third person the most difficult to get? If my memory serves me correct, it is easy to start a round and also close it. Where are you 'the elusive third'?
GCBy3000
08-02 04:01 PM
Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
Ooops, i missed this in my original post. This is true for Nebraska service centre.
I am not sure about the other service centre. Sorry dudes.
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