bkarnik
04-26 10:15 AM
You stated dual intent immigrants. In letter and spirit.
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.
Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.
Learning01:
The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)
As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.
http://www.shusterman.com/di-vsa.html
http://www.uscis.gov/graphics/howdoi/h1b.htm
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soorigadu2003
07-11 09:46 AM
GREAT NEWS...
but why is USCIS website not showing Aug bulletin ?
but why is USCIS website not showing Aug bulletin ?
unseenguy
06-11 07:56 PM
I am happy for following things in life:
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
1) I still have a job, or atleast pay.
2) I have an EAD, those in PERM, 140, do not have that option.
3) I am better placed than those seeking immigration as brothers and sisters of US citizens :-d or as married children of US citizens.
I am not happy about:
1) Don't have the plastic that says, I can stay on even if I don't have a job.
2) Those from other countries getting "lottery" visa instead of hard work.
Who said "hard work" pays off? It just takes LUCK in life for things to fall in place. From tomorrow, I am just going to buy lottery and do NO work.
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bajrangbali
06-11 10:41 AM
Guys, I have thrown out my ideas and you can take what suits you from it. As someone mentioned nothing is illegal in it. If you find something, please explain what and why.
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
My conservative estimate was 100K people pulling 50K$ out..that would be 5 billions...if more comes out even better
Fight for legislation?? Does anyone has any hopes on it still? You would get piecemeal concessions here and there..but the Indian EB immigration community as a whole gets nothing good out of it...2 year EAD, 5 yr EAD..just to wipe the tears...come on guys think out of the box.
You argue it is not discrimination but it is law. I say the law is discriminatory and nobody wants to change it (remember the horses discussion instead of EB immigration discussion in senate), do you need any better example than this?
Anyways, I leave it to your own judgement..and I am going ahead with my plans...I am not planning to leave the country anytime soon so I am not yet into the drastic measures I mentioned, but I sure have started the funds transfer to Indian banks, pulling out of mortgage application and moving out of US equities markets. Also, I am reducing the amount of money I pump into US economy which is currently 5K per month to ~3-3.5K per month. If it makes any difference I am making ~400K a yr from my job and other investments...
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ArkBird
09-15 05:18 PM
Dude,
show me one link where i can go back and change the language in the poll?
All of you are making it very hard for me to keep the decorum of this forum.
So much name calling.. nasty PMs.... All i can say is God Bless y'all
There is ancient Hebrew saying, which roughly goes like this:
“Before the word are spoken, man is master of his words but after they are spoken, he is their slave”
Something like this applies to your posting.
Again, nothing personal. My apologies if I have offended you.
show me one link where i can go back and change the language in the poll?
All of you are making it very hard for me to keep the decorum of this forum.
So much name calling.. nasty PMs.... All i can say is God Bless y'all
There is ancient Hebrew saying, which roughly goes like this:
“Before the word are spoken, man is master of his words but after they are spoken, he is their slave”
Something like this applies to your posting.
Again, nothing personal. My apologies if I have offended you.
msandhu
07-30 03:50 PM
Hi ,
We applied I-485 in july and still waiting for receipt number. Also My wifes H4 visa expires on July 30 and her I-539 is pending. Can we use GC pending status to get driving license by showing the EAC receipt number ???
Regards
msandhu
We applied I-485 in july and still waiting for receipt number. Also My wifes H4 visa expires on July 30 and her I-539 is pending. Can we use GC pending status to get driving license by showing the EAC receipt number ???
Regards
msandhu
more...
eb3_nepa
07-14 02:13 PM
I am trying to pay thru PNC Bank. When trying to add IV, there are 2 options. One is With number and the second Without number.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
eb3_nepa: Could you please put some guidelines on how to use BillPAy? Sorry for the ignorance.
I think it would be without a number. Now that depends on which number? If they need an account number then, yes no account number OR you could use your IV handle as the account number. Different banks have different methods of BILL PAY.
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pkjena
07-06 02:00 PM
Here are some of the stats from Mathew Oh's website:
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
more...
abhishek101
09-01 03:24 PM
Landed in july 2000
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
Changed employer in nov 2000
Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.
Started process in August 2002, Finally labor was filed in March 2003
May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(
Finally labor was approved in 2005.Got 140 approved in Jan 2006.
Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.
Got married in Nov 2008.
Company bought another company in 2008 and the merger resulted in job loss again in April 2009.
Was lucky enough again to find another job in the company.
Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.
Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.
Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.
Finally boss agreed to start the new GC in EB2 in July 2010.
Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.
Started the process with the lawyer but since it is a big company all processe take forever to begin :(
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for_gc
07-14 03:03 PM
Just Contributed $5 using BofA bill pay.
Guys,
Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.
If we start contributing different amounts on this thread then this may dilute the impact of the idea.
Guys,
Please stick to $5. The idea is to shake out members who till date have made no contributions into making contributions.
If we start contributing different amounts on this thread then this may dilute the impact of the idea.
more...
desi485
11-26 01:19 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.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
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.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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jonty_11
07-06 05:34 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
Why are they still showing CURRENT>
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Dhundhun
06-23 05:18 PM
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
Good observation.
It will be breaking more than making - it will be like this news: http://timesofindia.indiatimes.com/Is_Hindu_marriage_law_breaking_homes/articleshow/3154827.cms
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).
Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.
You may get some valuable inputs from http://immigrationvoice.org/forum/showthread.php?t=19766 although I did not fully endorse the thread:
Good observation.
It will be breaking more than making - it will be like this news: http://timesofindia.indiatimes.com/Is_Hindu_marriage_law_breaking_homes/articleshow/3154827.cms
America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.
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andy garcia
10-01 05:08 PM
Let us wait for the statement from USCIS
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
It is a long wait.
First the DOS publishes a preliminary report on March/April
then the final report from CIS is not published until July/August of the following year.
more...
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LostInGCProcess
12-12 03:26 AM
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
could anybody please tell me what to do now?
thank you:(
Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.
The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.
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singam
09-10 05:17 PM
$100, Google Order #360858396298535
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nirenjoshi
03-05 05:04 PM
ditto
Same here.. LUD=9/11/07
Same here.. LUD=9/11/07
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chi_shark
02-23 05:45 PM
In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not
'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'
thats true, but when does the target timeframe clock start? when they receive the app or when the priority date becomes current?
'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'
thats true, but when does the target timeframe clock start? when they receive the app or when the priority date becomes current?
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amitga
02-18 03:20 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
Why do you think there are not many cases in 2005?
Why do you think there are not many cases in 2005?
catopa
03-04 09:44 AM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
eb3_nepa
03-08 02:25 PM
Sorry,
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
beppenyc, any particular reason that ur interested in the guest worker program?
any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.
beppenyc, any particular reason that ur interested in the guest worker program?
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