harrydr
07-12 02:32 AM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
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logiclife
12-20 07:00 PM
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
Nonsense.
Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.
Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.
She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".
That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.
akhilmahajan
04-23 09:41 AM
Thanks a lot guys for your inputs. I hope everything goes fine.......
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
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gc_rip
07-06 12:52 PM
Thanks Ann,
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
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raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
sanju_dba
09-14 01:27 PM
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
more...
fromnaija
07-21 05:20 AM
Form AR-11 is also available for online filing. See below quote from the link you provided.
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Most customers can now notify USCIS to change their address on a pending case online here on our website. Non-citizens can also now complete the Form AR-11 online here on our website.
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
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optimystic
09-15 11:52 AM
It still says Aug 15th. I don't think they will release it yet.
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
more...
pitha
05-22 07:25 PM
Aliens with
applications for a labor certification pursuant to section
212(a)(5)(A) of the Immigration and Nationality Act shall
preserve the immigrant visa priority date accorded by the date
of filing of such labor certification application.
doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.
Checking out this section of the bill :
It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.
Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?
applications for a labor certification pursuant to section
212(a)(5)(A) of the Immigration and Nationality Act shall
preserve the immigrant visa priority date accorded by the date
of filing of such labor certification application.
doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.
Checking out this section of the bill :
It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.
Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?
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chanukya
04-06 08:31 AM
I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
more...
hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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keepwalking
05-20 01:44 PM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
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check_rd
07-10 05:57 PM
I am in the same suitation my wife wants to stay home for few years, currently she is on H1B and we are planning to convert to H4 . Why does one have to wait for a new H1B since she already had a H1B can't she get H1B any time without having to wait for the quota to open ?
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hsingh82
04-23 12:37 PM
Anyone please?
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missedthecut
02-09 10:47 PM
I had the same problem couple of years ago and I live in california. My friend dropped me at the mexico border in san diego. Went to mexico and had my I94 changed till the visa expiration and came back to USA. Its very simple and you should not have any problem as you have valid visa.
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navin80
06-20 09:30 AM
I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
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deafTunes123
11-13 03:01 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
To my knowledge there is no way to expedite the AOS process.
Gurus?
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mermaid2084
11-21 04:18 PM
Thank you very much for your responses.
I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
- Will I be allowed to move back to my country with out I-94?
- Will fileing I-102 help?
- Should I make a police complaint regarding this?
I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
- Will I be allowed to move back to my country with out I-94?
- Will fileing I-102 help?
- Should I make a police complaint regarding this?
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ilikekilo
09-18 05:42 PM
any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
supreet
06-30 12:28 AM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
jonty_11
07-11 06:21 PM
Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
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