indianindian2006
07-14 05:52 PM
PD: Jan 2006
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
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ashkam
07-24 11:25 PM
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
The A# which is present both on the I-140 and the OPT EAD card.
The A# which is present both on the I-140 and the OPT EAD card.
mbawa2574
02-28 01:19 PM
Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.
But as soon as he talks about his senseless economic plans, Investors pull their money out from the Market. Investors don't see a direction with Obama w.r.t solving this mess. Lack of investor confidence has a direct impact on the main street as companies will have to cut their Opex due to shortage of investment. Government can cut capital gains , lower down the taxes and bring more people to invest in the stock market.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
But as soon as he talks about his senseless economic plans, Investors pull their money out from the Market. Investors don't see a direction with Obama w.r.t solving this mess. Lack of investor confidence has a direct impact on the main street as companies will have to cut their Opex due to shortage of investment. Government can cut capital gains , lower down the taxes and bring more people to invest in the stock market.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
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ramus
07-02 10:31 PM
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saravanaraj.sathya
03-10 03:02 PM
There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
vshar
08-10 09:32 PM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.
Peace.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.
Peace.
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vin13
02-11 06:48 PM
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
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satishku_2000
08-15 04:30 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
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rajuram
11-11 03:20 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
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unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
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MDix
02-11 06:56 PM
Dude,
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
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javadeveloper
12-11 12:33 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
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indianabacklog
02-12 04:07 PM
Its like what NAZIS did to Jews.. Cmon this is America, lets post this to President Obama's website
This is NOTHING like what the Nazis did to the Jews. It is highly inappropriate to even suggest this. Go away, read your second world war history and you will quickly realize this.
What the US is doing is trying to save jobs for its own. Normal process when things are looking so bad. This has been happening all over the world in many countries for decades.
This level of drama is not going to win anybody any favors. Need to remain level headed and understand the reasoning behind what is happening.
This is NOTHING like what the Nazis did to the Jews. It is highly inappropriate to even suggest this. Go away, read your second world war history and you will quickly realize this.
What the US is doing is trying to save jobs for its own. Normal process when things are looking so bad. This has been happening all over the world in many countries for decades.
This level of drama is not going to win anybody any favors. Need to remain level headed and understand the reasoning behind what is happening.
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adurthy
10-16 01:56 PM
I support flower campaign , when do u propose , let do atleast a week before thanks giving.
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invincibleasian
01-31 06:18 PM
Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
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GCanyMinute
08-02 03:17 PM
The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.
USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.
By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(
Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )
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transpass
04-09 10:20 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
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ASR
06-06 05:13 PM
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008
Do feel they go by processing times striclty?
Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008
Do feel they go by processing times striclty?
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drak70
04-09 09:52 AM
Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
JazzByTheBay
09-26 02:22 PM
CNN/FSB news report by Eileen Zimmerman corrected
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/
cheers!
jazz
sanju_dba
07-24 11:15 AM
The early the 485 filing , the early you are from your citizen ship date?
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