delhirocks
07-04 11:29 PM
Hey thx man...I had no idea about this. I will search for the post and read up on it.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
wallpaper Casey Anthony– Photo: AP
amsgc
07-24 11:36 PM
I stumbled upon this thread on - it is about a person who was denied entry at Vancouver (POE) after landing in canda. He was using AP.
http://www..com/discussion-forums/i485-1/122557139/
http://www..com/discussion-forums/i485-1/122557139/
hebbar77
05-08 08:10 PM
I guess affected class should make an impact visible enough for people to realize they cant let us down.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
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Mehul
11-30 09:03 PM
Mehul,
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
more...
GCKaIntezar
06-16 02:01 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
Cool bud. You seem to be going on expressway..
Good luck to all of us.
bugsbunny
05-03 12:46 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
more...
reddymjm
06-07 05:55 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.
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marblerock
07-19 10:19 PM
$200 from me.
more...
pappu
02-01 09:43 AM
http://immigrationvoice.org/forum/2301599-post1.html
To conduct such an effort, IV also needs contributions. Our estimated cost is around $50,000 for the event. We need generous contributions from our members, especially from members who are unable to make it to the DC event. To be clear, all one time contributions starting from February 1st will be considered as a contribution to the advocacy event. All the recurring donations will continue to go towards Donor forum access. Our advocacy event costs will be on top of our regular costs and we need to pay for both.
To conduct such an effort, IV also needs contributions. Our estimated cost is around $50,000 for the event. We need generous contributions from our members, especially from members who are unable to make it to the DC event. To be clear, all one time contributions starting from February 1st will be considered as a contribution to the advocacy event. All the recurring donations will continue to go towards Donor forum access. Our advocacy event costs will be on top of our regular costs and we need to pay for both.
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tonyHK12
02-24 09:20 AM
thanks neelu8, good to know we'll be seeing more people in DC.
Total Contributions...........$8,325.00
Amount to be raised.......$41,675.00
.
.
Total Contributions...........$8,325.00
Amount to be raised.......$41,675.00
.
.
more...
gcspace
10-12 03:27 PM
My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
Please don't miss this chance:
Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.
USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
hot 1306355055 44 Casey Anthony
raju123
07-09 07:35 PM
Amit,
This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
more...
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eb3_nepa
08-18 02:38 PM
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
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shsk
08-01 03:06 PM
Applied for EAD on June 08 2008
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
more...
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desi3933
07-10 12:54 PM
@desi3933:
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
Where did you read that requirement? Assuming, again?
A self-employed business is always real.
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
more...
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sushilup
08-19 12:19 PM
same for me tooo...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
I also didn't apply AP..
Did you call TSC?
I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
and approve I485...BIG IF ...if i m lucky...
Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...
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reedandbamboo
09-13 10:11 PM
I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
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Humhongekamyab
08-13 12:18 PM
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Congrats Buddy! What is your PD.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Congrats Buddy! What is your PD.
rtarar
05-19 01:31 PM
I am a July 2nd Filer.
No FP yet.
Details in signature.
No FP yet.
Details in signature.
pappu
03-12 07:37 AM
Several members have mentioned their plight on this thread. I request everyone to briefly write about themselves on the thread:
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
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