ragz4u
05-02 12:38 PM
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
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
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
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
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
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gjoe
12-17 10:16 AM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
krishnam70
07-10 02:43 PM
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
Just got an SMS from India!
no wonder they are talking about impeachment of GWB and Sr Mcain's press conf. no news of this protest.. I like the way Michael moore trashed them yesterday in his live interview with Wolf on why and how CNN neglected his story all along..
CNN sucks big time and others are not too far behind
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test101
07-07 12:59 PM
anybody intrested in MA rally ?
more...
zoooom
07-19 07:22 PM
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
siaa96
10-08 06:51 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
more...
gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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GCcomesoon
11-06 02:51 PM
Hi
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
more...
h1techSlave
09-23 01:59 PM
the problem is that some of us are likely to eat his lunch
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
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senthil1
01-30 11:10 PM
Basically optimistic projections predict that 1 million high tech new jobs are created in a good economy in 10 years time. That means 100k per year average. There are 85k H1b and another 80k L1b are coming every year to USA. Also some of 140k immigrants are new. So Opt and TN visa unlimited number of persons. Apart from this there are some USA people are studying here and trying for job. And number of Indian students also increasing gradually. For the 100K high tech jobs 500K persons may compete. If they expand H1b it is going to increase the compettion. Nowadays resume of inexperienced persons are much more attractive than those who are really working(So many thousands of fake resumes). I do not know how it will end
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
more...
deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
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cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
more...
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sanhari
08-24 02:27 PM
Anybody have any update or heard anything on the visa recapture bill HR5658(111th congress)?
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harpomarx
09-09 11:22 PM
All 9 of my checks for myself, wife, kid were cashed on Friday.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
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vbkris77
05-02 10:50 AM
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
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psaxena
09-10 03:58 PM
Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
more...
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GCOP
08-28 10:54 AM
I received Renewed EAD Card for 2 years, yesterday on 8/27/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
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gc28262
02-10 10:37 AM
Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV
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Raju
07-20 08:31 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
apahilaj
01-15 07:29 PM
Apahilaj,
Just sent you a PM. Please check your inbox.
Dingudi, I just sent you a PM...
Just sent you a PM. Please check your inbox.
Dingudi, I just sent you a PM...
rc0878
09-21 08:52 AM
For all those who have already received their receipt notices, do we have the priority date mentioned on the notice???
Just curious.
Thanks in advance.....
Just curious.
Thanks in advance.....
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