Tuesday, July 9, 2013

Visa Bulletin August 2013

For August 2013 Visa Bulletin Analysis, please click here: http://blog.mygcvisa.com/2013/07/analysis-visa-bulletin-august-2013.html

August 2013 Visa Bulletin have been officially released (valid from August 1 to August 31 only). Please see below for more details.

Dates for EB2 China, EB3 China, EB3 India, EB3 ROW, EB3 Mexico, F2B Philippines and F4 Mexico did not move at all.

Family Based:

Family-Sponsored All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01SEP06 01SEP06 01SEP06 01SEP93 01JAN01
F2A C C C C C
F2B 01DEC05 01DEC05 01DEC05 01FEB94 22DEC02
F3 08DEC02 08DEC02 08DEC02 01MAY93 01DEC92
F4 22JUN01 22JUN01 22JUN01 22SEP96 08JAN90

Employment Based:

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08AUG08 01JAN08 C C
3rd 01JAN09 01JAN09 22JAN03 01JAN09 22OCT06
Other Workers 01JAN09 22MAR04 22JAN03 01JAN09 22OCT06
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted
Employment Areas / Regional Centers and Pilot Programs
C C C C C

Link: http://travel.state.gov/visa/bulletin/bulletin_6028.html

Also See:

Visa Bulletin Explanation:

Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

On the chart above, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) 

FAMILY-SPONSORED PREFERENCES

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.
    
Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Recommended Reading:

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97 comments:

  1. :( EB3 I no move .

    ReplyDelete
  2. Amazon or anyone, please help!
    I'm so confused about F2A. It's current, but my i-130 is still pending. If we go ahead and submit the 485, won't we still have to wait for them to approve the i130 before they approve?
    Thanks!

    ReplyDelete
    Replies
    1. Yes, once you submit I-485 you will have to wait for both I-130 and I-485 approval. You can however file for EAD and AP card (which allows you to work in US and travel outside US).

      Remember you have to physically reside in US to file for I-485.

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    2. What am I supposed to check on the form i485 part 2: I am applying to AOS because? ...when i130 still pending. Thanx.

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    3. I think you chould choose option H. beacusae option a nned ai-130 approval notice which you dont have.in H section, you just have to expain write down i-130 is pending but PD is current

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    4. Either option is fine. USCIS officer will understand filing based on F2A category and pending I-130 receipt.

      You can also include a cover letter explaining all this in small summary.

      Delete
  3. amazon for those still wairing for noa2, vb being current wont affect us ryt ? and disadv is the retrogression for the coming months?

    ReplyDelete
    Replies
    1. Yes if you are doing consular processing, you will have to wait for I-130 to be approved. Please see question 3 in link below:
      http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=62280a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=62280a5659083210VgnVCM100000082ca60aRCRD

      If you physically reside in US, you can file I-485 application. Please see this:
      http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html

      Based on current data, F2A is expected to be current till atleast Oct 2013 VB.

      Delete
    2. amazon ... in which date it will retrogressed? any prediction? heard someone pd of aug 2012 got noa2... hope they approve more ...and faster...

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    3. Hello amazon what if they emailed you that they approved the petition and send to nvc and no noa2 is received yet? Tnk u

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    4. Happywife - Based on current data, F2A is likely to retrogress in Nov VB.

      Anonymous - You should call NVC and asked them to send a duplicate letter.

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    5. any prediction which month it will retrogressed? is it back to oct 2011?

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    6. We will have to wait for few weeks.

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    7. any idea/ prediction which date it will retrogress on nov for f2a? thank uuu amazon

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    8. It will depend on how many applications USCIS received from Aug 1. It is too early to estimate.

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  4. Can't wait till September to get the new fiscal years's visa bulletin, how fast do you think EB3 ROW will move in October ?

    How fast to reach 2010 ?

    ReplyDelete
    Replies
    1. The new fiscal year (FY 2014) will start from October 2013 VB.

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    2. yes and they release October VB in September, right!

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    3. Yeah, sorry I read it as September VB.

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  5. Amazon, any chance for EB2 movement beyond Jan 2008 in future bulletins?

    ReplyDelete
    Replies
    1. Yes, based on current data, EB2 India is expected to reach Feb/Apr 2008 in Sept VB. Please see this two part blog post:

      http://blog.mygcvisa.com/2013/06/eb2-india-prediction-2013-2014.html

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  6. Thanks a lot for posting Amazon! How soon do you consider it's going to be possible to determine what will happen with EB3-ROW in FY14? Are there still hopes that it might become current? (Best case scenario) or that it will advanced several weeks (~8) per VB (Good scenario) or retrogression (worst case scenario? My PD is OCT 2010.. Am I crazy in hoping that by Q3-FY14 I will be able to file for my GC? Thanks.

    ReplyDelete
    Replies
    1. --- Can someone please take a stab at this question? Please.

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    2. The earliest accurate estimate on EB3ROW would be when they released the I-485 pending inventory. Based on the numbers (demand) in that report, we should be able to estimate EB3 ROW movement in FY 2014.

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  7. I apply my brothers 09/22/2002 when he will come USA

    ReplyDelete
    Replies
    1. good for you!

      Delete
    2. This means you have applied in F4 category. To estimate when priority date can be current, please see this calculator:

      http://www.mygcvisa.com/calculator

      Once PD is current, you can either file I-485 application or go for consular processing. Please see this for more details:

      http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html

      Delete
  8. My PD is August 23,1993 F3. When this will be current. Thanks

    ReplyDelete
  9. What in the world happened to EB3 India? It was moving nicely and even the prediction was for 3 weeks. Why is it stuck now? Completely confused here.

    ReplyDelete
  10. consularprocessingJuly 9, 2013 at 5:56 PM

    It is great that f2a is current but I should go for consular processing and do not have noa2 yet. Is there any way to get our i130 approved faster?

    ReplyDelete
    Replies
    1. USCIS has various criteria to expedite request. Please see link below:

      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

      Delete
    2. consularprocessingJuly 10, 2013 at 11:08 PM

      Thanks Amazon. In the current situation where VB is current and there is no NOA2 yet, would it be helpful to seek expedition from the USCIS on humanitarian grounds? I understand it is a very subjective issue but just seeking an expert opinion.

      Also, in the event of retrogression in Oct VB, what is the likely cut-off date expected (my PD is Aug 2012 and just wondering if I could be lucky enough to get cleared with my interview before the retrogression cycle starts).

      Delete
    3. You can try and see if USCIS would accept expediting it.

      It would take few weeks more to estimate how far F2A could retrogress once USCIS receive I-485 applications.

      Delete
    4. consularprocessingJuly 11, 2013 at 11:40 PM

      thanks for the advice!

      Delete
  11. if my date is current then it means that only'll have to wait for completion of my case and put me on a date?

    ReplyDelete
  12. My PD (Dec 07) EB2 India is now current. But I got an RFE. What happens once I respond to the RFE. What is the next step? Please advise. Thx

    ReplyDelete
    Replies
    1. Thanks. I read the link. But my question is once they receive the RFE and process it what happens next? Will they mail out the GC after that? I filed I-485 in Dec 11.

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    2. They would wait till PD is current (Aug 1). If everything is fine, they will send you approval notice. You can also sign up for notification on USCIS website.

      Delete
  13. Hello Amazon, do you know if EB3 P received any spillover? It was predicted to move 2 weeks but it moved 3 weeks, will it move any further this year? Thanks!

    ReplyDelete
    Replies
    1. It is not likely that EB3 Phil received any spillovers. Due to EB spillover rules, all country should first receive spillovers till 7% country limit is met. Since other countries did not move at all, it seems there is more supply in EB3 Philippines than demand. It is likely to move 2 weeks in Sept VB.

      Delete
  14. Hi,
    just a quick question for you guys, if you can help me out.
    I am a permanent resident, recently got married and I filed the papers for my wife in April 2013. She is a hungarian citizen. The lawyer told us in April we might have to wait even 2 years before she can actually move to the US permanently. Now I see the visa bulletin for our category -F2A - became Current. Does this mean we don't have to wait that long and she might get her Green Card this year? Thank you for your help.

    ReplyDelete
    Replies
    1. they said if its consular processing, we still must wait for approval letter...

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    2. And how fast do they work, when should we expect the approval letter? They accepted our papers on 8th of April 2013, but I guess that is not approved yet. Is there anything we can do to make sure our case will be processed this year?

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    3. my pd is oct 2012, still no noa2... i heard one f2a applicant pd of aug 2012 receive noa2 already... we just need to wait...

      Delete
    4. I have the information that they are currently processing cases filed before march 19 2013. so it means they will start processing mine soon and yours already being processed. The question is how fast do they work? Once they approve they send it to NVC and they contact us. Thats another question how fast they work over there... If you have any info on that please do not hesiate to share.

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    5. if ur wife is outside US, then we can only do is wait... bec consular processing needs approval first... i join in one group for f2a applicants, and accdg to their timeline, earliest approval so far is aug 2012... and ther's still some 2011 filers whi havent approve... so i guess , we still need to wait.:(

      Delete
    6. Hi Ferenc, please see this:

      http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html

      If you have any more questions, please feel free to post again.

      Delete
  15. My wife PD may 21,2012. F2a VB is current now but I don't get approval latter . When I get approved latter. What should I do now?

    ReplyDelete
    Replies
    1. You should call NVC/USCIS (depending on your location). They would be able to provide more information.

      Delete
  16. Amazon, this might be a stupid question - but I would appreciate your answer.
    My PD is Jan 16th 2008, Does that mean by PD is current in the Aug bulletin?

    ReplyDelete
    Replies
    1. No, if its Jan 15 2008 then you are current.

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    2. No, he is NOT current. And he will be current only if the date is Jan 17th 2008.

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    3. Somewhere I read if its Jan 01 2008 its Jan 1-7
      if its Jan 8 2008 its in the range of Jan 8-14

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    4. You might have misread it. But it is the date before and not after. You will have to wait for Sept 2013 bulletin.

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    5. Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
      number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
      for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
      under the 1st, the eighth through the fourteenth under the 8th, etc.)

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    6. What does that above statement mean?

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    7. If VB date is Jan 16 (same as your PD), you will still not be current. As Reddy said, you have to wait for VB date to be Jan 17 or later to be current.

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    8. The above statement means that dates that you see in monthly visa bulletin would only be 1, 8, 15 and 22.

      You will not find any other date (example Jan 6 would not be valid date in VB).

      Delete
  17. Hello,

    Just wondering if you know what criteria is used to adjudicate cases that fall within the same visa bulletin i.e if two people apply within the same month but their PD is 6 months apart, do they use the PD or the receipt date at the USCIS?
    Thanks

    ReplyDelete
    Replies
    1. They use the receipt date to process I-485 application. If both are preadjudicated then they use the PD.

      Delete
    2. Awesome. Thanks a bunch Amazon! Its a little surprising that I never heard of your site until recently.

      Delete
  18. Hi, My Employment category PD of Feb 2006 India(EB3 to EB2 porting- I140 approved) is current as of Aug 2013 visa bulletin. When can I expect a change (week, 2 weeks or a month etc) in my application status on my I-485 (pending since June 2007) .

    Thanks

    ReplyDelete
    Replies
    1. I am like you, same kind of situation. The update is going to be after 1st of Aug 2013. All the best. I might not be correct but after reading stuff online, it seems that way.

      Delete
    2. You can check the case status online (link on right side). It should tell you the latest updates. Most likely they will work on it when PD is current (Aug 1).

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  19. Does anyone know whey there is no change in EB3 India ?

    ReplyDelete
    Replies
    1. Please see analysis of August 2013 VB:

      http://blog.mygcvisa.com/2013/07/analysis-visa-bulletin-august-2013.html

      Delete
  20. Hello Amazon


    My PD is 02/28/2008 EB2I waiting to apply I-485- when am I going to be current?


    Thank You

    ReplyDelete
    Replies
    1. Please see this:

      http://blog.mygcvisa.com/2013/06/eb2-india-prediction-2013-2014.html

      Delete
  21. I am wondering if dates are going back to 2005 starting October 1st, then this two month window is only going to help people get new I485 in. I.e folks who missed when PD moved to 2008 Jan 1st last time and folks whose I485 pre-adjudicated ?

    Given that USCIS is going to ask for new finger prints, new medical records and bunch of RFEs again there seems to be not enough time for people whose application is filed but not pre-adjudicated get processed. And this is going to repeat again for next August/September?!.

    So this will help new folks to get application in and get EADs and folks who have pre- adjudicated applications i.e around 8000 of them to get GCs. What will happen to rest of the visa numbers if they are not used?. It looks the predication is that there will be 12000 to 14000 of spill over ?. Did I get things wrong?.

    ReplyDelete
    Replies
    1. I have the same question. What are the chances that dates will be retrogressed? Also, if a retrogress is expected, when is it expected to happen?
      I will apply for the I-485, EAD in August. Will I only get an EAD and then have to wait to get GC because of a possible retrogression? Thanks!

      Delete
    2. That has what happened to me in the last cycle.

      Delete
    3. This should answer some of your questions. Remember to read both part 1 and part 2.

      http://blog.mygcvisa.com/2013/06/eb2-india-prediction-2013-2014.html

      If there are unused visas in EB2 category, it would flow to EB3 category. In rare cases, USCIS has approved new I-485 case in 2 month. For most new applicants they can file for EAD/AP card.

      Whether they repeat this next year would depend on how much FB spillovers flow to EB category.

      Delete
  22. Hi Any chance of PD: Apr 10 2008 becoming current this year.
    Thanks

    ReplyDelete
    Replies
    1. There is a small possibility for EB2 India to reach that far (depending on how much porting increase).

      Delete
    2. Any changce for March 7 2008 PD to be current in September?

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    3. There is small possibility depending on EB spillovers and porting rate. Please see this:

      http://blog.mygcvisa.com/2013/06/eb2-india-prediction-2013-2014.html

      Delete
  23. Hello! everyone my PD is Jan 3,1993 its should be coming up pretty soon, can anybody tell me how long will it takes for the GC to be released after my PD goes up thanks!

    ReplyDelete
    Replies
    1. Each service center have different processing time. Please see the link on right side of this page.

      Delete
  24. Dear Amazon: My case is F2A and my priority date is in February 2012. Does current mean that i am included and i will receive my immigrant visa number in august and have the appointment scheduled for me ??
    Please be as accurate as possible because i am very confused.
    Thank you

    ReplyDelete
    Replies
    1. a bit more information. I got approved by USCIS and by NVC. NVC last letter to me indicated that they received everything they need and i should wait till they schedule my appointment, that was in May 2013 i think.

      I read the FAQs but my problem is that English is my second language and i did not fully get it about the "current" thing! :-(

      if any more information is needed, please let me know Amazon. Thanks again

      Delete
    2. Thank you very much Amazon.
      i already read it before i post my comment but i did not get the thing about current , the FAQ defines "current" but it talks only about the I-485. I am out of united states and i filed I-130 and then I-230 and many more forms after that till i got all the approvals i need and they told me to wait till they schedule my interview.

      My only question is: In July, the F2A cut off date is 08OCT2011. My PD is FEB2012. Does "current" mean that I will be approved for an immigrant visa number in August ?

      That is my only question and I am sorry to bother you again with it.

      Thank you again
      Sincerely

      Delete
    3. Current means that F2A date is now August 2013 (instead of Oct 2011).

      Since you are outside US, you will have to do consular processing. You will have to wait for I-130 to be approved. Once I-130 is approved, NVC will schedule an interview.

      The consular office will complete processing of the applicant’s case and decide if the beneficiary is eligible for an immigrant visa.

      Please see step 4 - 8 in the link below:

      http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=62280a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=62280a5659083210VgnVCM100000082ca60aRCRD

      Feel free to post more questions.

      Delete
    4. Thank you for your wonderful job Amazon
      God bless you :)

      Delete
  25. hi is their anyone whose priority date is august 2012 or later and has received their NOA2 from Vermont service center.....please reply

    ReplyDelete
    Replies
    1. You should post this in the forum http://www.mygcvisa.com/forum

      Delete
  26. Greetings.My son and I are FTJ E3P.Maybe , in Sep '13 VB our PD will be current. We are on CP at the US Emb Manila, where I forwarded our DS 230 and DS 2001 sometine in 2007, after we received the Packet 3. My question is, how we will start to process our documents in preparation for the med exam and interview.do we expect to receive Pcket 4?
    My husband has filed the I 824 in 2007 and was approved. During that time, my son was only 19yrs old and now he is 25yrs. Is CSPA be applied to him?
    thanks a lot . Your responses to our queries help a lot. God bless

    ReplyDelete
    Replies
    1. Please see this link for consular processing:

      http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=62280a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=62280a5659083210VgnVCM100000082ca60aRCRD

      For second question about CSPA, please see this

      http://blog.mygcvisa.com/2013/06/child-status-protection-act-cspa.html

      Delete
  27. Dear Amazon, I am still confused on the following topic. I am permanent resident(by DV lottery). I have applied for my spouse (she is out of US) and PD is January 17, 2013. Its almost 6 months. Its still in initial review. Then, How long does it take for NOA2. It is said that it should be in 5-6 months. Is that correct? And Can I expect that my case becomes current till November? If not, Will this F2A current will delay my processing time? I look forward to hearing your response. Thank you

    ReplyDelete
    Replies
    1. Please see link below:

      http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html

      Delete
  28. Hi Amazon, my husband is under H1B & I am H4 and our visas will expire Sept 1, 2013. We have an approved I-140 and our PD is Oct. 26, 2006 EB3 Philippines. Based on AUG VB, it seems that our PD will become current on Sept 2013 as well.
    Is it still necessary for both of us to file for H1B & H4 extension? What are the consequences if we decide not to file for H1B & H4 extension since we are set to file for I-485?

    Thank you...

    ReplyDelete
    Replies
    1. There is no guarantee that dates will always move forward in Sept VB. Many categories did not move in Aug VB. If it does not move, you will be out of status.

      H1 fees are paid by the employer. To prevent been out of status, you should renew it.

      Delete
    2. Thank you for the quick response. I really do hope it will move even just a week or 2 as long as it moves (crossing fingers). God bless you!

      Delete
  29. Blog post comments are currently closed. Please post all new questions in immigration forum: http://www.mygcvisa.com/forum

    ReplyDelete

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