Legal_Guy_HiTech_Slave
09-22 06:11 PM
Hello Friends,
I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.
EB3 category.
PD : April 15,2003.
Labor: approved.
I-140: approved.
I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"
My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.
I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.
EB3 category.
PD : April 15,2003.
Labor: approved.
I-140: approved.
I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"
My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.
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tikka
07-03 10:22 PM
Hi Guys,
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
thepaew
12-14 04:30 PM
Well Said - I feel that this discussion is counterproductive. In my opinion (I am no lawyer but I feel strongly about this), there is no constitutional remedy available. The only accomplishment may be that we alienate non-Indian members.
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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cinqsit
01-14 03:19 PM
I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
more...
bitu72
10-03 04:27 PM
I plan to do it Myself, need some help & suggestion
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
3. Bank statements
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
3. Bank statements
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
qplearn
10-23 01:02 PM
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Best of luck!
more...
alterego
07-26 04:56 PM
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Yes, you bring up a valid point however consider these two points also:
1) They also bring a lot of people on L1 visas.
2) A lot of people come to the USA on a H1 with these Indian companies but then find employment with another US employer willing to sponsor their H1b visa and then move jobs, and transfer their H1b visa with them.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Yes, you bring up a valid point however consider these two points also:
1) They also bring a lot of people on L1 visas.
2) A lot of people come to the USA on a H1 with these Indian companies but then find employment with another US employer willing to sponsor their H1b visa and then move jobs, and transfer their H1b visa with them.
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sbvw76
09-23 09:57 PM
Seems to be a fair idea even though I don't qualify. I did a dumbest thing of buying house in 2006 even before apply for the Green card ( though I submitted all required documents in 2004, my corporate company filed only in 2006 waiting for PERM process to stabilize).
I'm still hanging on my house though it lost 27% value with no GC or not even approved 140 ...
I'm still hanging on my house though it lost 27% value with no GC or not even approved 140 ...
more...
JazzByTheBay
12-13 04:34 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
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chanduv23
08-17 12:27 PM
People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.
It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.
SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.
more...
chanduv23
02-13 12:01 PM
Chanduv,
I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.
Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.
Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.
Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.
Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
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poorslumdog
08-19 12:22 AM
Originally Posted by vinzen
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
more...
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Picasa
07-27 03:27 PM
Lets see how much money you have donated. Please provide details and then we will compare.
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
There are lot of action items to meeting lawmakers. Why don't get your focus on that?
As far as action items are concerned... Here is the latest example:
I have just send the email regarding EAD issues...Did you send the email?
Also as requested by one of the member, give your mailing address so that CIS can be notified.:D
I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
There are lot of action items to meeting lawmakers. Why don't get your focus on that?
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user2005
01-23 06:11 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
more...
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days_go_by
01-23 06:11 PM
not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
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PlainSpeak
01-14 04:34 PM
I did not see any plan yet. Basically he is wasting time with opinions from behind.
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
more...
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chanduv23
02-13 06:09 PM
friends,
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
It is also very important that the people voting in favour are serious and will not drop out.
Lets not cajole or motivate people - let them come in by themselves and vote on this.
Those who vote on this thread, please update your profile information on IV, give your valid name, valid email id, valid phone number at the least so that you can be counted on.
CAN WE WALK THE TALK?
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
It is also very important that the people voting in favour are serious and will not drop out.
Lets not cajole or motivate people - let them come in by themselves and vote on this.
Those who vote on this thread, please update your profile information on IV, give your valid name, valid email id, valid phone number at the least so that you can be counted on.
CAN WE WALK THE TALK?
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AirWaterandGC
05-10 09:05 PM
Thanks cableman.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
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sledge_hammer
05-28 10:37 PM
Damn USCIS!!!!!
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
msp1976
05-10 04:47 PM
Other countries donot have large enough economies to absorb as many immigrants as the US does...The US accepts 800K + immigrants every year..
Austrelia accepts 120K+ canada 220k+ Nobody matches the US in sheer numbers and standard of living immigrant can achieve. All the rest is baloney...
Austrelia accepts 120K+ canada 220k+ Nobody matches the US in sheer numbers and standard of living immigrant can achieve. All the rest is baloney...
zbd
10-18 11:36 PM
I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
Please advise.
Please advise.
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