needhelp!
09-12 12:09 PM
I had started with the online press release sites, which one should be higher priority?
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ivvm
09-13 10:16 PM
Paypal Payment Sent (ID #4VL772199A7170058)
ashutrip
06-22 12:08 PM
I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.
what is ur pd?
what is ur pd?
2011 Xooimage - wallpaper
arc
07-15 07:48 PM
10$ - Good work guys BABY STEPS...:)
....IV EB3 NEEDS HELP....
....IV EB3 NEEDS HELP....
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wellwishergc
07-06 10:22 AM
I agree with this posting by nixstor 100%; Instead of utilizing this issue for contacting congressmen/senators and urging them to work towards more benefits for legal immigration like recapturing 180,000 unused visas in the past years, we are unnecessarily focussing our attention towards security lapses in approvals and inefficiences of USCIS.
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
Raju
07-06 02:27 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
They were/are so busy approving cases that they donot have time to update the message. Everyone from Janitors to Execs have been working for the last week to approve those 66K cases.
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Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
2010 alrog-fantasy-award.jpg
satishku_2000
07-05 11:45 PM
Worked over the weekend so that they can relax for 5 more years ...and collect those inflated fees ..disgusting ....
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sinhakavinash
07-26 03:44 PM
I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".
Any suggestions??
Any suggestions??
hair Balrog Body Kit pictures.
deeph
07-18 07:20 PM
Thanks to IV and all its memebers for their efforts. And congrates to all on their success.
Now its time to strengthen IV. We have just contributed (one time contribution), will again do so in future. Also will try to get friends to contribute.
Now its time to strengthen IV. We have just contributed (one time contribution), will again do so in future. Also will try to get friends to contribute.
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skd
08-17 01:20 AM
bharol, You and I have same Priority Date and Category Mine is also PD 3rd Sept 2004 ( EB-2)
Let me know when you get your approval
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
Let me know when you get your approval
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
hot ComicCon08 :: Balrog Head
geesee
07-18 04:21 PM
Made my first (small) contribution of $100 today !!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
Google order no. - 952531454379821
Many thanks to all of IV members !!!
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house like a WingLess Balrog
ameryki
02-06 04:45 PM
I-131 @t Nebraska Center
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
Receipt Date: 14th Agug
Notice Date: 24th Aug
Received RFE
USCIS received RFE on: 29th Nov
Called them 3 times and everytime the same answer "pending and processing."
Unfortunately my uncle passed away yesteray and I have to travel for the funeral processings. Called USCIS just now and told them to expedite the case. CSR took all the information and told that someone will contact me within 5 business days about case. Hoepfully someone calls/emails and approves my case.
Just wanted to share my experience.
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
tattoo Thy Art Is Murder — BALROG
gondalguru
07-22 03:29 PM
My case was filed on Feb 27th. Still pending. No response from Atlanta. I have 11 more days to go and after that it doesn't matter when I get my PERM as I would be locked out for potentially 5-6 years! This system is not fair at all...if I was working in one of the western states, I could have filed even today and get certified in 2-3 days....
I feel really sorry for you and yes you are right. This system is not fair at all. It needs complete overhaul.
I feel really sorry for you and yes you are right. This system is not fair at all. It needs complete overhaul.
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pictures Me killing Jr. Balrog
chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
dresses even if the alrog isn#39;t
Abhi_OneDay
08-24 03:20 PM
My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
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makeup Un Balrog - Sylvie Allard -
uma001
02-24 01:07 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
girlfriend Vrh B - Balrog
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
hairstyles Street Fighter - BALROG
dhirajgrover
01-14 12:11 PM
There are 2 options in my opinion.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
audelinom
02-23 11:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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