santa123
12-01 01:03 AM
Hi,
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
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dc2007
08-23 01:23 PM
Dear plassey,
Whatever IV is doing fine, nobody here denies that. But here are few points which I think eveybody else is trying to convey, which somehow you don't understand:
1. This site has an open forum where not only active members of IV, but other people (cowerds, that is what you think, you out-spoken fellow) also seek advice, share their experiences and hence help each other. And mind you, because of these all people, IV and this site also get so much popular.
2. The other point is WHY YOU PUSH SO MUCH FOR HELP. I think everybody understands the efforts of IV, but let the person decide himself/herself whether he/she wants to give money, go to DC ralley or not. Help is not demanded.
3. Please mind your language. I don't know why you have so much of anger and you use abusive, disturbing language for others. Its very easy to say a F* word, but very difficult to sort out others problems in decent and graceful manner. I don't think any group like IV (CARE, CRY and hundreds of NGOs in India) will push people like you do.
4. And people like you are shame for a group like IV (please ask pappu too to confirm) who spread negativity like you did in this thread.
You need some help to suppress your anger. Please do that Dear plassy...
Cry baby!
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
Whatever IV is doing fine, nobody here denies that. But here are few points which I think eveybody else is trying to convey, which somehow you don't understand:
1. This site has an open forum where not only active members of IV, but other people (cowerds, that is what you think, you out-spoken fellow) also seek advice, share their experiences and hence help each other. And mind you, because of these all people, IV and this site also get so much popular.
2. The other point is WHY YOU PUSH SO MUCH FOR HELP. I think everybody understands the efforts of IV, but let the person decide himself/herself whether he/she wants to give money, go to DC ralley or not. Help is not demanded.
3. Please mind your language. I don't know why you have so much of anger and you use abusive, disturbing language for others. Its very easy to say a F* word, but very difficult to sort out others problems in decent and graceful manner. I don't think any group like IV (CARE, CRY and hundreds of NGOs in India) will push people like you do.
4. And people like you are shame for a group like IV (please ask pappu too to confirm) who spread negativity like you did in this thread.
You need some help to suppress your anger. Please do that Dear plassy...
Cry baby!
1. If you are interested in knowing about IV very front page provide you ample of information
2. Understood there is only one bread earner, well you do pay 1000s of $ to fill stupid forms to lawyers. A fraction of that amount will produce bigger bang here at IV.
3. Some people here in IV are out of the job but still continuing on their mission. Unfortunately, cowards like you will also be benefited by their efforts.
4. If you really wanted to help, u could have started by joining the state chapter.
THE FACT OF THE MATTER IS PEOPLE LIKE YOU ARE GOOD FOR NOTHING, GO BACK TO YOUR HOLES. AND DON'T SHOW YOUR FACE HERE AGAIN.
roseball
11-06 05:44 PM
Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
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BharatPremi
11-06 07:45 PM
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
Ans: Did not you read my previous post?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Ans: You can ask all questions for all stages in one session after questions related with main topic over.
Thank you.
!!
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
Ans: Did not you read my previous post?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Ans: You can ask all questions for all stages in one session after questions related with main topic over.
Thank you.
!!
more...
Sheila Danzig
12-04 10:49 AM
EB2 cannot combine education or work experience. It must show a single source degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
javadeveloper
02-12 05:37 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
If your employer paid taxes on behalf of you , he must have recieved w2.If he doesn't give w2 to you , you can call IRS and request for one , they'll fax/mail it to you.I did it once and filed taxes.
He may be threatening you about legal notice, but I don't think he'll send notice.You can think what to do when recieve a notice.
Look for Private Message for my contact details , or send me your contact# so that we can discuss what to do.
more...
logiclife
12-13 04:12 PM
Keep this debate civil please.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
We dont want to delete/moderate so please keep it clean and reasonably to the point.
Thanks.
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Almond
07-17 11:24 AM
I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.
And with the new fee increases, that should be nooo problem right? :o
And with the new fee increases, that should be nooo problem right? :o
more...
ArunAntonio
08-31 07:21 PM
Lets keep pluggin along and try to think of creative ways to encourage people to come to the rally, In my opinion the most emphasis should be place on recruiting the east coast members to show up for the rally, guys please talk to people and educate them of this effort any one with any sort of clarity of thinking will be able to clearly see that they are the direct benificiaries of this, there are so many people who are putting in so many hours of their personal time to make this a sucess the least other can do is take part in it.
I believe that persistance pays off .. lets keep moving in the right direction.
I believe that persistance pays off .. lets keep moving in the right direction.
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texcan
02-23 08:17 PM
I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sending joint tax filing for few years can be used as secondary evidence.
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
Sending joint tax filing for few years can be used as secondary evidence.
more...
ajju
02-12 08:14 PM
Just call IRS and they will talk to your employer for your W2. This has happened with me and stupid indian company "Hexaware" shipped it to me overnight past year after I called IRS. Guess what I also got useless call from so called "Big shots" to apologize for the situation and withdraw the complaint.
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
Unfortunately IRS doesn't help.. And employer get benefit of doubt for lost mail :-) But they'll send you a form to fill and submit instead of W2... At least thats what I experienced... I also thought that employer cannot withold W2.. But yes, they can... due to lost mail concept :-) They'd send W2 copy to IRS without fail.. just the mail to employee would be lost...
Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.
Unfortunately IRS doesn't help.. And employer get benefit of doubt for lost mail :-) But they'll send you a form to fill and submit instead of W2... At least thats what I experienced... I also thought that employer cannot withold W2.. But yes, they can... due to lost mail concept :-) They'd send W2 copy to IRS without fail.. just the mail to employee would be lost...
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kopra
04-09 03:19 PM
I Still Believe in USCIS for the GC and the H1B Processing for giving me a fair chance to particpate, eventhough its a Lottery ( more or less like that for GC Processing also, although its not an "official" thing), because if GC was processed from India, i know that half of the people will come with an MP's, and MLA's recommentation, another group will come with distant relatives in USCIS( to approve their cases faster) and another group would bribe the officials to get it. Poor people like me who dosent have any of these will wait for a GC or H1B forever. Its only because in US when we stand in a Queue or line, we see the FIFO, we expect the same from USCIS also
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
more...
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swadeshi
08-31 07:47 PM
Its useless... How many senators, their voters or other decision makers watch those kannada, telugu or even rediff???
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
It is for all those people (the indian diaspora) who do log on to the online versions of their hometown newspapers to check local Indian news, it might be a pleasant surprise to see the news abt the rally out there!!!
Secondly won't you be inclined to be a part of the rally when your mom or dad friend or a cousin read the news back home and asked you " are you a part this movement" imagine all the non commital people saying ummm ummmm food for thought bloke!!:rolleyes:
An BTW I would bet that CNN, FOX and ABC would be forced to cover a rally of this magnitude...
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shreekhand
04-29 04:36 PM
One thing... one has to go to make real effors to make far-fetched connections between the elimination of US planes in the down-select of MMRCA and immigration!
That said... on the topic of F-22, with the Sukhoi T-50 joint development, India is on the path to get a 5th generation fighter by 2017. So F-22 in the fray or not is irrelevant. The MMRCA RFP is for a different class of fighters.
F-22's are not up for sale, how did you got that idea
That said... on the topic of F-22, with the Sukhoi T-50 joint development, India is on the path to get a 5th generation fighter by 2017. So F-22 in the fray or not is irrelevant. The MMRCA RFP is for a different class of fighters.
F-22's are not up for sale, how did you got that idea
more...
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gc_perm2k6
09-26 09:06 PM
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
Get your Fiance a F1 Visa before marriage. So, she is not married at that time and to US Immigration, she has no plans to immigrate. After she gets the Visa, marry her and bring her here. Technically I think you are OK, only you have to Spend bucks for here education :), which might be fruitful in long run!
Please take lawyer's advice anyways.
Thanks again
Get your Fiance a F1 Visa before marriage. So, she is not married at that time and to US Immigration, she has no plans to immigrate. After she gets the Visa, marry her and bring her here. Technically I think you are OK, only you have to Spend bucks for here education :), which might be fruitful in long run!
Please take lawyer's advice anyways.
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kosars
08-13 10:47 PM
no i will wait for the receipt
more...
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octoberbloom
12-28 11:39 AM
Omm,
I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.
n2b,
I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.
n2b,
I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
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mmj
04-19 02:21 PM
Please feel free to edit whatever you like :)
But do post it to WhiteHouse.gov and send a letter to your Senator
But do post it to WhiteHouse.gov and send a letter to your Senator
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gc_lover
07-27 01:23 PM
And how are you sure that the second application will be correct and not have any errors that the first one had? :D
In that case, we can have third application ready!
In that case, we can have third application ready!
485Mbe4001
06-04 05:38 PM
actually Gotcher has a very valid point. USCIS creates rules based on their need and 'flavor of the month'. They should be open with their practices. We can then calculate the time it will take to get out of this mess.
Once FBI name checks were a great deal, now they are ok to issue GCs in the interm, thousands were screwed in the process. Some times it is FIFO sometimes it is received date, sometimes it is something else. There are thousands whose professional lives are hanging at the mercy of these rules and arcane methods of functioning.
Once FBI name checks were a great deal, now they are ok to issue GCs in the interm, thousands were screwed in the process. Some times it is FIFO sometimes it is received date, sometimes it is something else. There are thousands whose professional lives are hanging at the mercy of these rules and arcane methods of functioning.
apt7
05-29 05:36 PM
So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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