ash0210
06-03 12:55 PM
Bodran, pl file your I-140 and your & sons I-485 immediatly..I am sure your I-140 will NOT take 2 years (as you are in EB3 ROW) to approve by which your son will be protected before he turns to be 21.
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
So, hurry up & file I-140/I485 ASAP and your son will be safe under CSPA (Child Status Protection Act). Also, pl read CSPA rule..I remember it was published on Feb 14, 2003...pl check..
Hope this helps..
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
wallpaper Boyslt;Brgt;Nursery Ryhme
ragz4u
03-08 01:05 PM
Try again, I was able to get connected again.
The hearings have still not started, just background noise of a lot of folks in the room.
The hearings have still not started, just background noise of a lot of folks in the room.
kevinkris
07-14 08:16 PM
Donno how to do this. Admins?
2011 Poems – Boys Nature
smuggymba
08-12 01:08 PM
The impact to companies like Infy etc is ~5-10MM
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
more...
beppenyc
03-08 02:07 PM
Sorry,
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
eb3_nepa
07-11 10:50 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
more...
jsb
09-10 02:56 PM
Should we not demand resignation of USCIS Director?
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.
2010 Made Little Boyslt;brgt;Boy
ssk1127
08-23 06:14 PM
I am just a reader of IV but this article made me to reply and below are my thoughts regarding the PM
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
> This might take atleast 6 months to get signoff (IF aproved by everyone)
> This will impact only the I-140 that are still pending approval
> I assume people who recently applied (mostly in past 1 year) for I140 has to go through this process. So this filters lot of people who applied for GC's longitme back.
> Mine i140 is already approved so I think i wil not be impacted
> Also this is applicable for "Exceptional Ability" only (I did a search the entire PDF and not find anything that talked about advacned degree)
> So every one who has masters degree in US will be considerd as Advanced degree and will not be impacted (See this article http://www.callyourlawyers.com/pdfcaselaw/eb2memo.pdf[/url] Note: This is not officially release d by USCSIS)
> I looked at my I140 approval and it clearly says "Advance Degree or Exceptional Ability". I have Master degree from a Sate Universtiy so I think I am covered
> So if anyone whose application is still penidng they might want to confirm with their attorney to see if it said "Advance Degree or Exceptional Ability" OR "Advance Degree and Exceptional Ability" OR "Advance Degree" OR "Exceptional Ability"
> If "or" i think you shold be ok as you can opt for advacned degree. However "Exceptional Ability" might have to show proof "IF" they do not get approval by the time this memo goes live ( I mean if this gets approved)
> I am pretty sure most of them wil have advanced degree but just to make you might want to confirm with your attorney
Thanks
Satish
more...
chanduv23
09-17 10:42 AM
I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579
Thanks for your contribution and support, please urge other friends to make it to DC
Thanks for your contribution and support, please urge other friends to make it to DC
hair An acrostic poem is written so
Administrator2
05-02 09:27 AM
Here is the information sent to IV by Research Program Manager at NEU
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
more...
ronhira
08-12 02:36 PM
yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....
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lazycis
11-24 03:24 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
more...
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needhelp!
09-10 08:00 PM
gctoget, rajamanikannan, hemants
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Milind123
09-12 10:03 PM
Looks like you will soon cross My 350 Contribution ;)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Can you please make that "equals" from "crosses". :D (I am sorry written too much code in my life)
I pledge 100$ more once Milind123 crosses 400 !!:D
Any Takers !!!
thats the Least we non attending :( :(
folks can do
Can you please make that "equals" from "crosses". :D (I am sorry written too much code in my life)
more...
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Saralayar
01-03 05:40 PM
I also got email confirmation today for AP document mailed on Jan3.
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
I filed on Aug 7 or 8th.
db
I also got the same message. But it says document mailed and not as Travel Document approved. What does this mean?. IS the AP approved or any RFE on the AP??:confused:
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raghav0
08-23 10:45 AM
I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!
more...
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.gif "hot these poems, children will")
theonlyron
07-24 05:48 PM
I am a PT on an H1B visa working for the last 3 years. I have a pending I-140 (PD March 07). My husband and I shall be filing our I-485's soon. My visa screen is valid till Nov 2009. At the rate things are moving dont think my PD will be current for a while. Does that mean I have to renew my visa screen in 2009? Not sure if it had to be present at time of filing I-485 or at time of receiving a visa number.
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cnag
01-07 04:07 PM
I closed on dec 27. Underwriter asked me about green card. I just sent EAD copy front and back as well as AP and explained to him that EAD is like learners driving permit that is issued when your GC is under process. :D
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gc_dedo
09-09 07:33 PM
I read so many posts regarding india facing something similar to sub prime mortgage.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
US is a very stabilized in terms of homes.
Consider India's growing high earning population.
They will need home to live as cities expand and people will be there to still buy.
kshitijnt
06-26 10:56 PM
America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
villamonte6100
03-31 02:58 PM
Dude, easy, take care of your heart, you might get a heartattack.
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
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