mgmanoj
08-25 05:30 PM
I have 14 years of education in india and 20 years of experience in IT - if my job requirement says bachelors equivalent + 10 years experience will it qualify me and job as EB2 ?
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
wa_Saiprasad
03-22 11:52 AM
Need suggestion how to proceed with my new approved I140.
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
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bluekayal
02-27 12:31 AM
I tried putting our flyers at Pacific East Mall, but they only accept "rental" ads. bummer. But that doesn't mean some one else shouldn't try!
more...
krishnam70
07-10 06:02 PM
Lou Dobbs is playing to the galleries. The galleries are filled with people like him who are waiting for the sound bytes. The frenzy will keep increasing until it reaches crescendo like the NAZI campaigns. So we need to direct part of our media campaign towards stopping these lies. The only way we will get out coverage is to go out against the big ones and make the noise. We need to get all the ravings of Lou against the legal immigrants every sound byte , every word he uttered against legal tax paying wannabe immigrants( no nationality restrictions). If all of us unite and make a move against him it will make CNN see reason or Lou to talk facts and not the fiction he talks about us.
mygcstory
07-16 11:24 PM
But the EAD/AP is a good band aid indeed, for many
more...
ajithk70
07-12 12:19 PM
I got the link fron nbc website. check it out
http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy
http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy
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paskal
07-17 02:01 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
of course it's a band aid
important to maintain perspective.
the fight is not over, whatever happens tomorrow.
our goals remain to be met and we must continue this work.
more...
uma001
05-22 04:27 PM
This Jan 1,2007 date is another Joke by this lawmakers. These undocumented workers came crossing the border without any port of entry evidence. How can they prove they came before or after that date.
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
hair Custom Mini Trucks - Ridin#39;
old_hat
05-18 02:31 PM
A US Masters is not enough to make any distinction. There will be a flurry of students to lesser colleges just to be counted as US advanced degree holder. Watch out for spurious universities cropping up here as well. It will become extremely difficult for students to get visa. Right now students have to claim that they will come back (even though there is a separate quota for them in H1!!!!!). It will become impossible to get a visa. People complain of H1 visa fraud, F1 will become a hot bed of frauds.
more...
nefrateedi
07-19 12:05 PM
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
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Hello_Hello
10-29 09:16 AM
It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
more...
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RandyK
06-10 05:31 PM
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
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spindoctor
07-19 06:36 PM
"Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.
So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?
Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.
So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?
more...
pictures Mini Trucks of the 2009 SEMA
snvlgopal
01-25 06:00 PM
Sent to both President & IV and made 2 others to mail the letters
dresses swapped, and bagged Nissan
sc3
10-22 04:29 PM
suresh.emails,
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question � which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don�t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again � which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don�t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don�t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn�t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that�s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us �intelligently� � in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It�s ok to express in the any forum and if you don�t like a forum, as in this case you don�t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It�s the choice you make. And then you apply single dimension analysis � if you don�t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn�t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).
Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.
At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).
I said in my earlier post that I will think about it. This is what I have to say.
There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question � which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don�t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again � which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don�t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?
The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don�t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn�t it. Life would be so much easier; it would be so much fun.
But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that�s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us �intelligently� � in multi-dimension.
Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.
It�s ok to express in the any forum and if you don�t like a forum, as in this case you don�t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It�s the choice you make. And then you apply single dimension analysis � if you don�t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.
The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn�t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.
.
Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).
Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.
At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).
more...
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baba2s
11-25 02:59 PM
Wow..
Thanks in advance..
Thanks in advance..
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letstalklc
11-25 03:03 PM
Great job Pappu and other senior members who worked on this.
hairstyles 1994 Nissan Hardbody Passenger
realist
11-03 09:51 AM
Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!
If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........
This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........
CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.
just my .02 cents...
If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........
This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........
CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.
just my .02 cents...
Lasantha
07-04 01:55 PM
Congratulations!!!
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
inthehole
06-19 04:27 PM
Can you please send me a copy?. I will really appreciate it.