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  • sunny1000
    07-24 11:26 PM
    The below is the answer I got from my attorney.

    "You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."

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  • alex99
    04-07 05:04 PM
    HI BharatPremi,

    Thanks for your response.
    are the cases with 'Received Regional Office' status should be counted as Certified cases?.


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  • actaccord
    03-14 05:54 PM

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  • BharatPremi
    03-12 08:49 AM
    It is safe that your I40 be approved but not necessary.

    In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.


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  • srkamath
    07-13 02:30 PM
    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.

    We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
    My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.

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  • srikondoji
    12-27 09:13 AM
    Hi all,
    By the end of the day, i will post an article in two different websites. However, there is another idea, i want throw in here, which can bring much more publicity and coverage.

    Did anybody hear the services of 'Press Release'? Iam sure few members here know about it.
    Look here for more details

    The cost will be in the range of $100 to $400 which includes article writeup and release of the news item to 100's of publishers and we can even choose the location/region where these publications can occur. It can include news papers and or web only releases. Most of such releases have got wide distribution including nytimes/washingtonpost, google news, yahoo news and other indian news papers.

    Should we give this a try?


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  • Saburi
    03-09 03:25 PM
    Hello Friends:

    As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.

    My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.

    The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.

    I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.

    If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.

    And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.

    As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.

    Best Regards


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  • mirage
    02-03 01:21 PM
    Do you only do what IV support ? Did I say anywhere I want IV o endorse it ? Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
    If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.


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  • lifestrikes
    02-14 02:29 PM
    Day Off (April 4, 5) - Check
    Accommodation - Check

    I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.

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  • gvenkat
    09-09 01:00 PM
    Unless there is a concrete effort just for EB3-I, Nothing is going to happen. It's just unfortunate that we are just a subset who are affected. In reality everyone else gets a GC in 5-6 years..


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  • go_gc_way
    12-26 12:22 AM
    Give IV a New Year Gift:Post about IV in other Web sites (15 min of your time!!!)

    Hi IV members!

    We are all aware how every IV member is trying to increase IV membership.

    We need all hands and help to make this a success, INCLUDING YOURS and we need it NOW. Following are two important threads to visit in this regard.

    ( IV campaign: $20/member marathon
    IV campaign: Add A Member Campaign )

    I am starting a new thread to highlight another idea.



    I suggest the following.

    1. Post about IV in a Web site that you frequent for local ads, local events, local classifieds ect/ OR any other web site that you think best to post about IV (need not be necessarily local web site, an internet group ect)

    Every one of us knows a web site where in local classifieds, ads are given, POST ABOUT IV in those web sites. This is REALLY easy task given 15 minutes of your time.

    2. I have pasted the content below that you can use to post the free classified or start a new discussion thread in a local web site that you know of.

    3. When you have posted the classified or started a thread in your local web sites, POST the details here to keep this thread alive and others take notice and make similar efforts. (It will encourage others).

    IV'ers, lets add ONE classified or discussion thread in a web site that you know of ... Your 15 minutes of time will take us a long way.

    I understand IV members are from different countries and different states, and thus only you will be knowing what sites are best to post a classified/discussion thread.

    Please feel free to write any other suggestions you may have regarding this idea.

    ************************************************** ****

    Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)

    Have you been waiting patiently to get your green card through your employer? Do the following quotes somewhat echo what you are going through? “My labor certification has been pending at the DOL for over 3 years”, “My priority date is Dec. 2003, but it seems like it take 3-4 years before my turn to apply for I-485 comes up”, “I am in my 9th year extension, and unable to accept promotions, or change jobs, because if I do, I will lose my priority date and have to wait another decade for my green card.

    If the above quotes sound familiar, then please know that you are not alone. You are in the company of over � million people stuck in the endless backlogs and bureaucracy. Recent data on backlogs indicates that as of April 2006, 255,000 applications were pending at the DOL – some since 1999. Per latest Ombudsman's report, there are between 170 to 230 K applications pending at the USCIS. Just one glance at the numbers is sure to send shivers down the spines of most individuals who haven’t even entered the green card queue.

    With unbounded passion and a sense of urgency few individuals came together in December 2005 to form Immigration Voice (IV). Immigration Voice’s mission is to resolve this crisis facing numerous highly skilled, and highly educated individuals and make lawmakers aware of the issues that have adversely affected the quality of life for our members.

    Immigration Voice has successfully lobbied Congress to enact sensible legislation that will clear backlogs, reduce wait time, and improve the quality of life of individuals. Immigration Voice has played a key role in the following very positive changes: (1) Removal of 10 % hard country quota from Comprehensive Immigration Reform legislation. We made lawmakers aware of this issue so it will never arise again. (2) Inclusion of Immigration Voice’s goals in the bipartisan Managers' amendment to CIR viz, (i) I-485 filing without visa number availability, (ii) 3 year H-1B and EAD/Advance Parole extensions for green card applicants, and, (iii) Generalization of Science-Technology-Engineering-Mathematics (STEM) exemptions to more applicants. This item also greatly serves the national interests of the US.

    Immigration Voice has also raised awareness about backlogs and bottlenecks in the legal immigration process through an aggressive publicity campaign in the print and broadcast media (Washington Post, Roll Call, WSJ, MSNBC, amongst many others). You can check them out here. Immigration Voice core members continually engage the media on a regular basis to raise awareness.

    Immigration Voice works closely with Quinn Gillespie and Associates (QGA) to generate awareness amongst lawmakers of our cause and to create bipartisan support for it, but we need a significant membership base as well as a tremendous financial muscle. The lobby opposed to legal immigration is very strong, and has extensive reach on the Hill. We need to raise funds with great urgency and vigor to keep up the struggle and strengthen our partnership with QGA, without whom our success is limited.

    All members of Immigration Voice are bonded by the same problems arising from the backlogs in legal immigration. The unwavering and unfaltering commitment of the Immigration Voice core team, and the support shown by our members, both monetary and in spirit, has propelled Immigration Voice to succeed and hardened the core team’s resolve to continue this work until our goals are achieved.

    Immigration Voice’s membership has grown to more than 8000 members in about 7-8 months, but this number pales in comparison to the half million people currently in some stage of their green card process. We urge you to join us and become a member of Immigration Voice. You will receive regular updates and inside news of several activities that Immigration Voice is undertaking in Washington DC. Moreover, you will get the satisfaction of being part of this important effort, which has a good chance of succeeding, and be able to share your worries as well as get solutions to your personal queries through our free ask-a-lawyer conference calls.

    Please visit and see first-hand the enthusiasm and energy of our existing members who are contributing their time and resources to a very important cause. We are sure you will join us.

    Thank you,

    Immigration Voice Team

    Immigration voice is a non-profit 501 (c) (4) organization. All of Immigration Voice’s financial transactions will be audited by a CPA, submitted to the IRS.

    ************************************************** ****

    Based on the suggestions from perm2gc, I am temporarily changing the thread to "Give IV a New Gift". It was "Post about IV in other Web sites( Need 15 min of your time!!!) "

    Senior Member Join Date: May 2006
    Posts: 387

    Give IV a New Year Gift


    Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
    Remember, remember always, that all of Americans... are descended from immigrants and revolutionists

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  • chanduv23
    09-02 12:32 AM
    All the NJ members - it is very critical that you all attend the rally. As this chapter has been lying dormant for a while, we decided to merge this into the tri state and a lot of NJ members are in the tri state chapter. Those of you who have not joined the tri state chapter, please do so by joining the tri state chapter at

    We are also in need of volunteers to help us in the flyer campaign in the tri state area with main focus on New Jersey.

    Please vote your willingness to attend the rally at

    Also if you want to ride the bus please visit the thread

    Please PM me or tnite or mpadapa or singhsa3 if you want to volunteer for action items.


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  • shiva7
    02-13 10:21 PM
    If we think about the motive behind this I don't see any reason to believe that it's ethnic cleansing. They want to help Americans but not to punish H1-B workers. It maybe fair to not to hire H1-B or fire H1-B. May be they believe that they could help themselves without any foreign worker. But it is not fair to delay Green cards to those who filed for green cards.Because we went through all the legal processes, spent time, spent money and so on...

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  • vghc
    07-03 11:59 AM
    If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.

    Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
    Problem is not country quota, its the ones with families!!! ><


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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to or fax to (202) 742-65619, and we will respond. Thank you!

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  • immigrant2007
    07-29 01:35 PM
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    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    advise forall my friends (ots free)
    don't comprise on these things on job here:

    Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)


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  • gc_kaavaali
    12-21 08:12 PM
    Please somebody answer my question...

    My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?

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  • cessua
    08-17 05:29 PM
    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.

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  • walker15
    09-10 11:55 AM
    Do you guys see anything live? I'm just seeing eagle picture in my real player........

    03-18 04:58 PM
    Link is here:

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:


    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    02-15 06:51 AM
    Look at my post count. Does it look like I have a life? :lol: