breddy2000
06-27 11:23 AM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable
wallpaper of Transformers 3 Dark of
NKR
04-25 11:16 AM
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
.
Dude, I do not know who has given you red dot, you certainly deserve more green dots. I too think the same, if the company had to sue you for violating non-compete, they could have done it anytime, why are they threatening you when you ask for your salary. Either they do not have a non-compete agreement that they say you have signed (since you are not sure about it) or the non-compete has become invalid over a period of time or it does not hold water.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
.
Dude, I do not know who has given you red dot, you certainly deserve more green dots. I too think the same, if the company had to sue you for violating non-compete, they could have done it anytime, why are they threatening you when you ask for your salary. Either they do not have a non-compete agreement that they say you have signed (since you are not sure about it) or the non-compete has become invalid over a period of time or it does not hold water.
pd052009
09-23 01:50 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
2011 New TRANSFORMERS: DARK OF THE
desi3933
07-09 02:38 PM
.....
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
....
Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.
BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.
__________________
Not a legal advice.
more...
skynet2500
09-11 11:33 PM
Congratulations to everyone who is getting their applications approved.
My PD is Aug 2006 and I might have a remote chance of getting approved this month. Can someone give me the customer service number to talk about the 485 status. I keep seeing that many people talk to the customer service and get updates on the case. My case is pending at TSC. Thanks a lot.
My PD is Aug 2006 and I might have a remote chance of getting approved this month. Can someone give me the customer service number to talk about the 485 status. I keep seeing that many people talk to the customer service and get updates on the case. My case is pending at TSC. Thanks a lot.
tonyHK12
02-24 08:46 AM
thanks isantem, indrachat_75, also for your efforts in getting other people involved. This is the best way to get more volunteers.
The car pooling and air miles are being tracked on this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-5.html
The car pooling and air miles are being tracked on this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-5.html
more...
alias
08-18 01:17 PM
This issue cannot be solved through Lawsuit. What are the other alternatives?
Ahh I see, I have an idea - lets all do dharna in front of CIS!
Ahh I see, I have an idea - lets all do dharna in front of CIS!
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saimrathi
07-03 11:40 AM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...
more...
apahilaj
08-08 10:04 AM
Congrats!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
hair awesome Transformers: Dark
cbpds
02-09 12:17 PM
Guys,
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
why are u arguing whether to go back to India or not, just go if u want to or else stay and keep quiet..
There is no need to wash India's dirty linen in public here.every country has their own issues, that includes US as well.
Admin, can we please DELETE this thread and be done with this.
Moreover why cannot a person going back to india just go back quietly instead of posting it here unless he has issues been stopped as the Immigration counter in India.
more...
vkjanam
02-18 12:23 PM
Hi Sukhwinderd,
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
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kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
more...
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aarora1979
11-18 09:46 AM
Done!!
Good work TEAM!
Good work TEAM!
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jonty_11
07-28 12:07 PM
It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
more...
pictures Transformers Dark Of Moon
simple1
05-02 01:31 PM
The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
This thread is discussing about quota. not PD.
In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html
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gc_peshwa
11-19 01:09 PM
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
more...
makeup Transformers Dark Of The Moon
obviously
07-27 11:13 PM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
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aj1234567
10-04 06:16 PM
Hi
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
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rbharol
10-24 04:17 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
pcs
07-02 10:01 AM
They say, it will reach by noon tomorrow
dkshitij
11-17 03:21 PM
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
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