desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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eastindia
09-23 12:36 PM
A lawyer posted this on his website
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
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.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
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.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
GCStatus
09-14 02:36 PM
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.
Wouldnt have opened the thread just for the heck of it.
Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.
Wouldnt have opened the thread just for the heck of it.
Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling
2011 to do a simple heart ACEO.
Morty
05-08 05:53 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
You content seems to be okay. I urge everyone to use http://www.whitehouse.gov/contact/ website to post this content on whitehouse webpage. Sheer volume of the same request may draw Presidents attention to this issue....Also, it doesn't cost anything to do this.
more...
hotammo
09-03 09:39 AM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
No, I did not get a refund. I even got a mail for my EAD application being rejected.
If there is a process to get a refund, I would like to know it too.
But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.
At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.
FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).
HTH
Thanks,
znan
No, I did not get a refund. I even got a mail for my EAD application being rejected.
If there is a process to get a refund, I would like to know it too.
But I am not too hopeful in this situation as I remember when efiling for EAD and AP, I read somewhere that the application fee is non-refundable.
At the SSN office. You fill out application for a replacement card. Option 3 on the ticket generating screen.
The SSN issuing staff know what to do after that. This goes without saying take your GC with you. Nothing else is required. They do not even look at the passport or any other form of ID. GC is the only thing needed.
FYI got the new SSN cards. They do NOT say permission required from DHS to work. In fact the card is exactly similar to the one my daughter got (she is US citizen, born here).
HTH
dskhabra
09-23 07:51 PM
I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...
more...
vinabath
03-25 04:36 PM
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
You will get it this Calendar Year. Trust me.
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
You will get it this Calendar Year. Trust me.
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Madhuri
07-05 01:44 PM
If we are worried about security alert maight be raised by flowers, then send just a 'Thank You' card.
Send 'Thank you' card to USCIS/DOS etc. as well as to media for not covering REAL issues and for the undue coverage the likes of Paris get.
Send 'Thank you' card to USCIS/DOS etc. as well as to media for not covering REAL issues and for the undue coverage the likes of Paris get.
more...
Hello_Hello
02-09 09:33 PM
very childish!!!how old are you ? Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
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saimrathi
07-07 10:28 PM
Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
more...
mygc2006
09-08 11:48 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
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SunnySurya
08-18 02:57 PM
No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
you manage people with a stick ?? :)
you manage people with a stick ?? :)
more...
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ajju
05-01 08:30 PM
If you don't agree. Speak out A#####e.
Me too hate the anonymous people giving red dots for no reason...
But man.. you've too many green dots to worry about a single anonymous red dot :-)
I think just ignore them for now.. and kool down... Don't use such abusive language to vent out your frustration.. not worth it...
Me too hate the anonymous people giving red dots for no reason...
But man.. you've too many green dots to worry about a single anonymous red dot :-)
I think just ignore them for now.. and kool down... Don't use such abusive language to vent out your frustration.. not worth it...
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p_aluri
10-08 01:42 PM
I am in the same boat.. came here in 1999.
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.
Moved to consutling company and started the whole process again..
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
more...
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snathan
02-09 04:59 PM
^^^^^^^^^^^^^^^
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Macaca
07-08 11:42 AM
All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
more...
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arihant
05-02 11:40 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
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desiguy22042
09-23 06:54 AM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
I belive my situation is the same as urs....i received mine and my wife I-485 receipts in mail but nothing related to EAD. My case is also transferred to TSC from California on Sep. 17 as my I140 is approved from TSC.
I want to ask u that how long did it take u to get ur EAD card after u received ur I485 receipt and from where ur EAD was issued, is it from CSC or TSC.
Did u received any receipt of EAD or u jst got the EAD directly.
Pls. advise. thanx
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feedfront
08-31 02:56 PM
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..
I wanted to laugh my gut out.. No wonder, how British ruled us for soooo longgg..
deafTunes123
09-03 01:47 PM
Did you change your mailing address after you submitted your I-485?
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Some time they correspond to your old mailing address even though you updated the address with USCIS.
Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.
These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.
My 2 cents.
Good Luck.
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
chanduy9
07-03 12:54 PM
I think any flower is good, if we run out of the same..just an idea.
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