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  • black_logs
    10-27 11:06 AM
    Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
    My wife went for H4 visa stamping in New Delhi embassy ...




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  • calaway42
    10-04 01:04 AM
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  • krishna_brc
    05-05 08:54 AM
    Yes, we don't need original I-485 receipt notice to travel.
    I traveled without original I-485.
    see below for USCIS note on this
    ----
    [Federal Register: November 1, 2007 (Volume 72, Number 211)]
    [Rules and Regulations]
    [Page 61791-61793]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr01no07-1]
    Rules and Regulations
    Federal Register
    __________________________________________________ ____________________
    This section of the FEDERAL REGISTER contains regulatory documents
    having general applicability and legal effect, most of which are keyed
    to and codified in the Code of Federal Regulations, which is published
    under 50 titles pursuant to 44 U.S.C. 1510.
    The Code of Federal Regulations is sold by the Superintendent of Documents.
    Prices of new books are listed in the first FEDERAL REGISTER issue of each
    week.
    DEPARTMENT OF HOMELAND SECURITY
    U.S. Citizenship and Immigration Services
    8 CFR Part 245
    [CIS No. 2420-07; Docket No. USCIS-2007-0047]
    RIN 1615-AB62
    Removal of Receipt Requirement for Certain H and L Adjustment
    Applicants Returning From a Trip Outside the United States
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    ACTION: Final rule.
    SUMMARY: This rule removes the requirement that certain H and L
    nonimmigrants returning to the United States following a trip abroad
    must present a receipt notice for their adjustment of status
    applications to avoid having such applications deemed abandoned. The
    purpose of this narrow change is to remove an unnecessary documentation
    requirement from the regulations that the Department of Homeland
    Security has determined causes an undue burden on H and L
    nonimmigrants.
    DATES: Effective Date: This rule is effective November 1, 2007.
    FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
    Management Division, Domestic Operations, U.S. Citizenship and
    Immigration Services, Department of Homeland Security, 20 Massachusetts
    Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
    SUPPLEMENTARY INFORMATION:
    I. Background
    Travel outside the United States for an alien who has filed Form I-
    485, ``Application to Register Permanent Residence or Adjust Status,''
    to obtain lawful permanent resident status under section 245 of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
    affect that application unless the alien takes certain steps before the
    trip. Most applicants must obtain permission from U.S. Citizenship and
    Immigration Services (USCIS) to travel prior to the trip, a process
    referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
    these applicants, departing the United States without advance parole
    while their adjustment of status applications are pending results in
    automatic abandonment of the applications and constitutes grounds for
    denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).

    III. Rulemaking Requirements

    DHS finds that this rule relates to internal agency management,
    procedure, and practice and therefore is exempt from the public comment
    requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
    553(b)(A). This rule does not alter substantive criteria by which USCIS
    will approve or deny applications or determine eligibility for any
    immigration benefit. Instead, this rule relieves a document
    presentation requirement for certain applicants for immigration
    benefits. Specifically, this rule removes the requirement that H-1/H-4
    and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
    adjustment of status applications upon readmission to the United States
    after a trip abroad in order to avoid having their applications
    abandoned. This document presentation requirement is unnecessary since
    it concerns information that is already available to DHS. This final
    rule merely eliminates an unnecessary burden on these arriving aliens
    and streamlines agency management of its processes. As a result, DHS is
    not required to provide the public with an opportunity to submit
    comments on the subject matter of this rule.
    Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
    to make the rule effective upon publication in the Federal Register
    without prior notice and public comment on the grounds that delaying
    implementation of this rule to allow for public comment would be
    impracticable and contrary to the public interest. As a result of
    USCIS's July 17, 2007, announcement that it would accept employment-
    based Forms I-485 filed by aliens whose priority dates are current
    under Department of State Visa Bulletin No. 107, USCIS received an
    unprecedented volume of employment-based applications for adjustment of
    status, including those filed by H and L nonimmigrants. Because of the
    recent surge in such filings, it will take several weeks for USCIS to
    enter the necessary data and issue Form I-797 receipt notices for
    employment-based adjustment of status applications. Therefore, it is
    important for this rule to take effect as soon as possible to avoid
    undue hardship on applicants who may need travel outside the United
    States prior to receiving the receipt notice.
    In addition, no substantive rights or obligations of the affected
    public are changed by this rule. DHS believes the public will welcome
    this change. The public needs no time to conform its conduct so as to
    avoid violation of these regulations because the rule relieves a
    requirement of the existing regulations. Further, this rule will have
    no adverse impact on DHS' adjudicatory responsibilities or ability to
    track the foreign travel of affected persons since DHS already records
    the admission of all nonimigrants. For these reasons, this rule is
    effective immediately under 5 U.S.C. 553(d)(1) and (3).
    This rule relates to internal agency management, and, therefore, is
    exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
    13132, 13175, 13211, and 13272. This rule is not considered by DHS to
    be a ``significant regulatory action'' under Executive Order 12866,
    section 3(f), Regulatory Planning and Review. Therefore, it has not
    been reviewed by the Office of Management and Budget. Further, this
    action is not a proposed rule requiring an initial or final regulatory
    flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
    et seq. In addition, this rule is not subject to the National
    Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
    II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
    or the E-Government Act of 2002, 44 U.S.C. 3501, note.
    Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
    13, all Departments are required to submit to the Office of Management
    and Budget (OMB), for review and approval, any reporting requirements
    inherent in a rule. This rule does not affect any information
    collections, reporting or recordkeeping requirements under the
    Paperwork Reduction Act.

    List of Subjects in 8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
    Regulations is amended as follows:

    PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
    PERMANENT RESIDENCE

    1. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
    105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
    2681; 8 CFR part 2.

    2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
    follows:


    Sec. 245.2 Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (C) The travel outside of the United States by an applicant for
    adjustment of status who is not under exclusion, deportation, or
    removal proceeding and who is in lawful H-1 or L-1 status shall not be
    deemed an abandonment of the application if, upon returning to this
    country, the alien remains eligible for H or L status, is coming to
    resume employment with the same employer for whom he or she had
    previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
    is in possession of a valid H or L visa (if required). The travel
    outside of the United States by an applicant for adjustment of status
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful H-4 or L-2 status shall not be deemed an abandonment of
    the application if the spouse or parent of such alien through whom the
    H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
    alien remains otherwise eligible for H-4 or L-2 status, and, the alien
    is in possession of a valid H-4 or L-2 visa (if required). The travel
    outside of the United States by an applicant for adjustment of status,
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful K-3 or K-4 status shall not be deemed an abandonment of
    the application if, upon returning to this country, the alien is in
    possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
    K-4 status.

    Dated: October 15, 2007.
    Michael Chertoff,
    Secretary.
    [FR Doc. E7-21506 Filed 10-31-07; 8:45 am]

    BILLING CODE 4410-10-P




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  • jasmin45
    05-14 08:40 PM
    Here are the details.. you can determine if you fit in.

    EB2 Eligibility :-

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

    In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

    An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


    Letters documenting at least ten years of full-time experience in the occupation being sought;


    A license to practice the profession or certification for a particular profession or occupation;


    Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


    Membership in professional associations;


    Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

    Application Procedures
    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

    Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • anilsal
    10-30 11:42 PM
    USA Today is posting messages that are valid. I posted my story and it has been posted.

    If you are reading this thread, please post your story at:
    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html

    Just imagine what a story in USA Today will do to our cause. It is a national news paper.

    Look at what an American Professor has to say:

    =====================================
    There is a cry going around the country regarding the lack of American students opting to enroll for advanced degrees in the field of math and science.

    At first I was cynical about this news and was quick to dismiss it as elitist and corporate propoganda directed purely to hire international workers at lower wages. But to my disappointment the facts are staring me right in the face in this regard.

    I am currently employed as a professor in the electrical engineering dept. of a accredited university and I am sad to see American students no longer aspiring to get advanced degrees in science and math oriented fields.They enter the workforce after getting a BS and after working only for a couple of years change their career track either to sales/management/marketing.

    This has resulted in a huge vacumn in the research programs of most universities which is being filled by international students. Most of these international students complete their advanced degree with the help of scholarships and financial aid offered by the university.

    This aid is available for American students on a priority basis in most institutions around the country but there are simply not enough American students up for it. Also due to visa restrictions these very students are not able to get jobs in the US quickly and as a result leave our system with precious knowledge to create wealth some place else in the world.

    I understand that we are losing jobs due to outsourcing and offshoring, but that can't be avoided in a globalized economy. On the other hand there are enough jobs being created for advanced degree holders in science and math oriented fields like engineering and human sciences in the US economy.

    The most disturbing aspect in this discussion is the scientific accompalishments by America put forward by many people as examples to show that the American educational sysems is hale and hearty. Many people are still harping on the man on the moon issue even after 30 plus years. They should realized that this is a thing of the past and we cannot rest on our laurels.

    Legal high skilled immigration should be encouraged as it is by other nations like Canada and UK. We should not lose this fight for global talent or else we will not be able to recover from this loss for a long time.
    Posted by: kennytownhall | Oct 30, 2006 2:23:55 PM
    ================================================== =




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  • girishvar
    08-12 04:25 AM
    USCIS always goes by birth certificate whenever there is a discrepancy. Filing affidavit undermines your birth certificate. However you have a chance they might overlook it. Dont loose sleep over this issue. Whenever clearance approval happens you might be home safely.

    Wishing you all the best.


    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.



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  • miththoo
    08-22 05:08 PM
    Does it invalidate the old I-140 if the PD is recaptured for the new I-140 ? I mean what happens to the old I-140 ? May we still use it in future if for some reason the new I-140 does not work out ?




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  • a_yaja
    03-19 11:26 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.



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  • thomachan72
    04-18 07:17 AM
    one of my friends.
    Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.




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  • newbee7
    07-05 11:56 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    Yes, if USCIS makes the dates current again it will be a great help.
    But unless we try to get the visa numbers increased we might still have to wait for SEVEN or more years in "same or similar" job.



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  • kumarc123
    07-16 03:02 PM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    Close your stupid post

    First you whine and complain of why dates didn't move, now you are focusing on when dates will retrogress?


    What is wrong with you all, if EB2 gets relieved from retrogress then next in line is EB3, First you all focus on reasons behind backlog and retrogression, come out with crazy analysis and now some idiots are putting on posts like
    dates may retrogress, all these dates have been possible because of the efforts of all IV members. Nobody wants to hear negative news now.

    Some other members with an idiotic ideology have similar posts


    Eb2 bad luck
    EB2 retrogress

    Grow up guys, everyone worked hard to see some results, as per now don't break everyone's spirit by posting all these stupid forms. Think positive and positive will happen.




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  • WeShallOvercome
    07-31 06:28 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks



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  • kubmilegaGC
    09-11 03:52 PM
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  • paskal
    02-22 06:57 PM
    .. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:

    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.



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  • vxg
    08-31 11:52 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.




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  • sankar_203
    04-01 04:54 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..



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  • shx
    02-25 04:33 PM
    People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.

    WOW. Stealing $30 worth of stuff makes her so bad?

    I wonder what stealing from an employer by leaving early from work would mean.

    You are beyond hopeless.




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  • Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve




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  • kaizersoze
    07-17 06:17 PM
    Order Details - Jul 17, 2007 6:38 PM EDT
    Google Order #376816648638727
    Print
    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00
    Tax (VA) : $0.00
    Total: $100.00
    Purchased from:
    Immigration Voice
    PO Box 114
    Dayton NJ 08810
    UNITED STATES
    850 391-4966

    \


    We need more people to do the same. Core has toiled tirelessly to move mountains. Pls dont make them also start a funding drive every month. There's more important issues that need their attention and can't worry about running out of funds every time a new initiative needs starting.




    pappu
    09-09 09:45 PM
    Dear Members,

    IV recommends that you wear IV T shirts for the Rally.

    Here is a link to buy IV T-Shirts for the rally.
    http://www.cafepress.com/immivoice/

    If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

    http://www.cafepress.com/immivoice/3465245

    Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.




    tabletpc
    08-24 03:08 PM
    Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

    I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

    Thanks in advance...



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