alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
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kumar1
01-30 02:03 PM
Stop spreading wrong information desi!!
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
gcseeker2002
07-05 12:09 PM
my 485 also reached Nebraska on July 2nd at 9:01 am
by FEDEX.
Is my boat Sinking or floating
All boats have been sunk by the USCIS torpedo , one massive torpedo that sank 300000 boats to the bottom of the ocean, some even below that
by FEDEX.
Is my boat Sinking or floating
All boats have been sunk by the USCIS torpedo , one massive torpedo that sank 300000 boats to the bottom of the ocean, some even below that
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nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
more...
GCStatus
09-14 04:05 AM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
h1techSlave
04-29 10:59 PM
H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
more...
tonyHK12
02-10 11:20 AM
thanks sureshtreddy, dkshitij for your contributions.
Amount raised = $1800.00
Contributions needed = $48,200.00
Amount raised = $1800.00
Contributions needed = $48,200.00
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meragreencard
11-17 10:43 PM
Done... Thank You so much for your efforts.
more...
h1bmajdoor
07-07 08:55 PM
On CNBC:
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
that's the way it is written... you should have figured that out before coming here :(
do you remember the case of the councilwoman who is about to be deported because she came to the US as a 1 year old and never got citizenship - and got elected/voted?
now where will a person go after deportation, who came here when 1 year old?
but she is screwed. the immigration law is totally unforgiving.
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
that's the way it is written... you should have figured that out before coming here :(
do you remember the case of the councilwoman who is about to be deported because she came to the US as a 1 year old and never got citizenship - and got elected/voted?
now where will a person go after deportation, who came here when 1 year old?
but she is screwed. the immigration law is totally unforgiving.
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umndude
09-24 03:02 PM
Abuse can happen as long as there are desi consulting companies. Major companies in silicon valley does not file for an EB2 unless salary is > 95k and unless they advertise M.S. + 2 years. How many desi consulting company jobs are really EB2 jobs? Think about it.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
more...
gandu_no1
07-13 09:07 AM
I heard it to on my way to work.. nice coverage.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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senthil1
06-23 03:04 PM
Predictions of the bill
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
more...
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pooja_34
11-17 05:21 PM
Done ! Go IV Go !!!
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gauravster
11-17 05:53 PM
Done..
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dkshitij
11-17 03:10 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
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ronhira
09-25 12:00 PM
Dream ON ...! No Law is immutable buddy ;)
& who'll change it....pu55ies like u?
& who'll change it....pu55ies like u?
more...
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dingudi
11-06 01:39 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.
I am not sure InfoPass appointment will help, but hope its worth trying.
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.
I am not sure InfoPass appointment will help, but hope its worth trying.
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BharatPremi
12-16 06:26 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.
as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.
mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.
^
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pani_6
12-12 09:29 PM
I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
sriatm
07-21 04:10 PM
Group of EB3 & EB2 folks should take an appointment with DOS Chief first and then with USCIS's Chief. How can we do this ?We will discuss our concerns or interpretations and changes to work towards to clear backlogs or increase Quotas or Visa Recapture..etc. I am in for any group's concerns though I am in EB3.Category does not matter. India is the hardest hit in EB based Immgiration. Let me know How we can get to the attention of the TOP/Key Persons.
velan
07-20 11:08 AM
It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.
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