pappu
11-06 05:45 PM
This is exactly the piece-meal approach/bill that several people wanted to support.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
Do not misrepresent IV's position.
IV supports every bill that can get relief to our community. However if the sponsor of the bill is not going to take the bill further or the leadership is not going to take it up, there is no chance for the bill at this time. Some bills are simply placeholder bills or introduced to state a lawmaker's position on an issue. At this time the political situation is favoring CIR and nothing else. However much you try and ask them to try piecemeal approach, the inclination is to pursue CIR. This situation can change with time and piecemeal approach may be pursued if CIR fails. Please continue to watch the political analysis and news to know how everything is moving or being influenced by other issues like healthcare.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
Do not misrepresent IV's position.
IV supports every bill that can get relief to our community. However if the sponsor of the bill is not going to take the bill further or the leadership is not going to take it up, there is no chance for the bill at this time. Some bills are simply placeholder bills or introduced to state a lawmaker's position on an issue. At this time the political situation is favoring CIR and nothing else. However much you try and ask them to try piecemeal approach, the inclination is to pursue CIR. This situation can change with time and piecemeal approach may be pursued if CIR fails. Please continue to watch the political analysis and news to know how everything is moving or being influenced by other issues like healthcare.
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FinalGC
11-06 11:43 AM
Here is a crutch for you.
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
You have an employee agreement which says that you will be paid health benefits. All you need to tell your Company A (if he comes after you), that you will report them to USCIS that you have exploited him and gave the wrong information before joining the company. This will prevent any desi..staffing company to advance to you, since all their future H1's will be heavily scrutinized and possibly his company will be shut down. He will have his own battle with USCIS. This will prevent him to come after you.
If I were you, I would have all kinds of written emails and documents ready for me to show the old employer that you have proof that the old employer was exploiting you.....I am sure you can come up with tons of things, like not paying on bench. Don't ever talk such matter, always write emails and ask feedback.
Email trails are the best way to keep all these staffing and desi companies at bay and prevent them from exploiting employees......I am speaking from experience buddy.....I had one guy after me and being a PM, by profession I saved all such email trails and he knew that. When I left him he gave me back the $11K, that he had taken from me illegally.
Yes, it is a good idea to spend 100-200 bucks with a reputed attorney like Murthy or Khanna or Shusterman to check your status before you jump. This will give you additional confidence to jump ship.
I get sad and angry at these desi employers who exploit their employees....I am sure some day they will reap what they have harvested....tears and pain of these exploited employees.....
My suggestion to my fellow colleagues is...those of have gone through this struggle...please do not become like them when you too come out of this GC maze.....
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BharatPremi
04-13 11:40 AM
What is this "Indian-American" animal? I still can not understand that term
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
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ilikekilo
04-13 06:47 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
my 2 cents
probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
my 2 cents
probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...
more...
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pd_recapturing
02-09 08:39 AM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
This is absolutely correct. I also was told the same from a few of my friends who are working in NCR.
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
This is absolutely correct. I also was told the same from a few of my friends who are working in NCR.
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LostInGCProcess
08-25 12:31 PM
Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
more...
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gkaplan
04-23 12:35 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
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jonty_11
01-22 12:52 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
what does your lawyer say????
more...
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vikramy
09-21 03:41 PM
One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
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zerozerozeven
04-10 03:29 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
more...
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Green.Tech
09-16 03:37 PM
Will call the rest during my next break :)
Thanks abqguy!
Thanks abqguy!
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venky80
06-15 11:33 PM
Well they advise me to go for EB3 wouldn't EB3 have the same issue?
because my bachelors is also in mechanical engineering
because my bachelors is also in mechanical engineering
more...
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Hermione
10-02 11:50 AM
Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
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meridiani.planum
11-21 12:07 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
more...
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GCPagla
03-17 08:58 AM
Hi All,
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
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desi3933
06-25 11:44 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. Apply I485 as future employment (GC Job Offer from Employer A)
2. Same as #1
3. No, as long as you have job offer for open future GC job
4. Yes. AC-21 can be invoked.
5. Same as #1 seems to be better option
Not a legal advice
-----------------------
desi3933 at gmail.com
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. Apply I485 as future employment (GC Job Offer from Employer A)
2. Same as #1
3. No, as long as you have job offer for open future GC job
4. Yes. AC-21 can be invoked.
5. Same as #1 seems to be better option
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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santb1975
02-14 05:12 PM
and we can.
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
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winguru
09-16 10:51 PM
Done
Rockford
07-17 02:47 PM
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You are so blind with your belief that some thing positive will come out that you cant see what is happening. I have made it very clear that it was a comment in my post, and can't you see the link.
How stupid are you ? Why can't you just let it go if you don't like it ?
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You are so blind with your belief that some thing positive will come out that you cant see what is happening. I have made it very clear that it was a comment in my post, and can't you see the link.
How stupid are you ? Why can't you just let it go if you don't like it ?
regacct
11-12 11:03 AM
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
Find answers to your questions Sect 15: Converting categories/statuses
Find answers to your questions Sect 15: Converting categories/statuses
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