syzygy
09-15 04:05 PM
GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.
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skv
06-17 10:42 AM
Thank you for your e-mail to the National Processing Center concerning
your case filed under the PERM program.
Our office can only respond to inquiries from the employer's contact
person or attorney/agent listed on the submitted 9089 form.
Atlanta Help Desk (17)
Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.
Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!
your case filed under the PERM program.
Our office can only respond to inquiries from the employer's contact
person or attorney/agent listed on the submitted 9089 form.
Atlanta Help Desk (17)
Above is the message, I got it from them. I can't contact my attorney, because that's our company policy. While the HR told me that they will inform me when my PERM gets approved.
Hope after 5 long years , my GC ambition will be completed this time. All the best for rest of the folks!!!
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villamonte6100
04-02 12:12 PM
villamonte6100 please read the first statement again - I was agreeing with D-E-D that USCIS IS GOOD...
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
Frankly I am not Australian and I dont care about the friendship your country has with US. Every Country is sucking up to USA for favourable relationship...
D-E-D's comments - you must be from india and corruption in India is "Trashing" India in my eyes... every country has corruption (you will find Australia and USA on that list as well... granted its all relative) some more and some less. D-E-D comments had a condesending tone for India and that is not cool...
BTW - If Australia is so then why do you want to be a Sepo so bad... Jokes apart - I agree with you that US is a great country and thats why I chose to move here... I hope you get your green card soon... before me? time will tell...
Well, next time make your comments on D-E-D, not on my comments. If you have issues with his comments, direct your comments to him not me. That is why I got offended because I did not trash any country.
I don't understand what's a sepo? So I can't comment on what you are saying "If Australia is so then why do you to be a Sepo so bad..."
"Every Country is sucking up to USA for favourable relationship... " That's your opinion and I respect that.
For the green card, I'll bet you I'll get it next month.
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buddyinus
08-11 01:27 PM
A freind of mine called. He did NOT hear such thing from NSC. He even refefrenced this discussion
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
Pls dont believe SriKondoji. Hez known for spreading false rumours and making lame comments thus misleading ppl. He did the same thing on the July 2 Tracker and was booted out. Hence he was hiding for over a week and now is saying that he was out on a business trip :D. Hez full of lies...Admins, Moderators pls delete this thread as the "Monday" mentioned in the title has gone by and we dont need frauds still re assuring ppl about rumours - Thanx in advance.
more...
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
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cheg
07-23 04:03 PM
"my PD were current in 2005.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
One thing is confirmed:
When PD are "current" they approve cases based on RD.
My guess is in Oct or Nov 2007 PD would retrogress to jan/may-2004 for EB3 India. So hang in there guys!!..They will approve a lot of cases with older RD by Sept 30. They are hell bent on not wasting any visa numbers henceforth."
PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.
If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.
more...
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gaurav_sh2
02-24 07:39 AM
I was in same dellima couple of months before. I was working as a permanent employee in USA but company was not doing good. My PD is feb 08 in EB-2. I weighted all options and decided to move back. Tried in couple of places and within 3 months got a good offer. Now working with world top 10 employer at bangalore as a Project Manager since Nov 09.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
I am happy with my decision as of now.
I suggest its not worth waiting 10 years for GC. Life is more to be lived than to wait for GC.
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kartikiran
12-10 04:11 PM
Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.
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husker
07-18 01:26 PM
Following a one time contribution I signed up for $20 re-occurring (Jan 2007). I have discontinued that to go to $50 now! I think if anyone wants to THANK and appreciate the work all IV volunteers did, they should be do so by paying. No thank you cards no flowers....just reoccurring contribution!
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vine93
05-10 02:49 PM
First I called my few freinds in MT, WY and RI. Passed on info them since they are local.
Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .
Well..I did my part.
Thanks.
Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .
Well..I did my part.
Thanks.
more...
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bkn96
11-25 08:39 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
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Keeme
08-14 05:54 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
People who can buy houses are more important to USCIS/US than people who already have bought houses.
People who can buy houses are more important to USCIS/US than people who already have bought houses.
more...
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wantgc23
04-24 02:50 PM
Hi pappu/admin,
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
I just signed up for $25 per month contributions, Can you please allow me Donor access when you get a chance.
Thanks!
wantgc23
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test101
07-06 05:17 PM
From OH mathew
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
--------------------------------------------------------------------------------
07/06/2007: Revised July 2007 Visa Bulletin
The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.
http://www.immigration-law.com/
more...
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natrajs
09-11 04:37 PM
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
Again on Next yr Jul 09-Sep 09 the DOS move the dates to Mid 2006 or Early 2007 and then the ineffiicient USCIS approve the cases with later PD's and leave the Older PD case
Until USCIS fix their system, it will be very hard , The Whole thing is unpredictable and much harder than winning a Power ball or mega million lotterry
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uma001
05-05 02:55 PM
Are you guys calling during work hours?
Are you guys calling from cell phone?
Are you guys calling from cell phone?
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acharaniya
08-25 09:07 PM
Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.
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bgp
07-15 01:10 AM
Just posted $25.
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kuhelica2000
09-14 11:15 AM
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
wandmaker
10-27 08:35 AM
Thanks wandmaker for appreciation. It helps!
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
FYI - Five of my friends has emailed and sent out the letters.
I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.
To all,
If you appreciate me, please help me by motivating others to join the movement.
If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.
FYI - Five of my friends has emailed and sent out the letters.
gc_dreamer_2010
03-19 05:12 AM
Myths About Homeownership - Freddie Mac (http://www.freddiemac.com/corporate/buyown/english/preparing/right_for_you/myths.html)
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