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srkamath
07-13 12:27 PM
But where are we getting these numbers like say 20k visas are available for EB2..
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
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anand2007
07-03 03:34 PM
DOS says USCIS suddenly did backlog case reduction. Why USCIS didn't communicate to DOS regarding this action before or immeditely after july Visa bulletin was issued. Suprisingly when DOS issued revision USCIS immediately acted on it and started rejecting applications based on DOS revision.Also how can backlog reduction be unexpected action when they are clearing backlog cases for a month.
It is clear to me USCIS and/or DOS is playing with the legal immigrants, even if this is a genuine situation, this is reckless behaviour from USCIS/DOS. It's time to teach a lesson to the USCIS regarding this. In the worst case, if we can't correct the situation at this time, we should atleast teach them that they can't do this in future.They wasted my money and time and caused mental tension. I just contributed $100 to fight. If we don't fight for ourselves who will???.
It is clear to me USCIS and/or DOS is playing with the legal immigrants, even if this is a genuine situation, this is reckless behaviour from USCIS/DOS. It's time to teach a lesson to the USCIS regarding this. In the worst case, if we can't correct the situation at this time, we should atleast teach them that they can't do this in future.They wasted my money and time and caused mental tension. I just contributed $100 to fight. If we don't fight for ourselves who will???.
swissgear
09-14 02:46 PM
Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
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johnwright03
07-01 09:38 AM
06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
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Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
satyasrd
09-09 02:10 PM
Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.
Just my 2 cents
Just my 2 cents
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yabadaba
03-05 03:52 PM
going back to the poll. its really interesting to see that the percentages have remained in the ballpark since the poll started.
around 50+% of us will buy a house if ead cap is eliminated or we get gcs
around 35% have already taken the plunge
around 5% will never buy a house.
around 50+% of us will buy a house if ead cap is eliminated or we get gcs
around 35% have already taken the plunge
around 5% will never buy a house.
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rajuram
01-28 12:19 PM
thanks for your reply and clarifications. what you say is correct. I would like to request that if there are regular "positive" posts by the core group in public forums, then it will go a long way in keeping our community motivated.
i hear a lot of complaints from you and i do understand your frustration.
i also seem to realize that you want a lot and are holding on to anything you might give in return.
work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
enough said and thanks for reading.
i hear a lot of complaints from you and i do understand your frustration.
i also seem to realize that you want a lot and are holding on to anything you might give in return.
work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
enough said and thanks for reading.
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delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
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Openarms
12-08 03:04 PM
Did anybody get actual response from USCIS yet??
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psaxena
11-17 06:25 PM
And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
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johnamit
07-20 02:31 PM
almost 3 weeks are over since my application reached (NSC OR TSC ??) and haven't heard anything yet.
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vicky007
04-26 02:59 PM
Here is a link confirming the above:
http://www.dhs.gov/dhspublic/display?content=5551
The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.
Regards.
http://www.dhs.gov/dhspublic/display?content=5551
The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.
Regards.
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justAnotherFile
12-30 05:25 PM
this is mostly a san-diego base community not sure how popular it is in other cities.
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
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looivy
06-11 10:36 PM
Emaied IL senator and will snail mail as well. Same for my spouse.
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tawlibann
03-18 06:00 PM
Sorry if this is offtopic but can someone explain to me who banned me and why? I didn't write anything offensive or abusive, and I didn't insult anybody. I was just discussing the issues I read in another forum.
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
If it is my handle, you don't like, well my name is Tawlibann Foggs (it is Celtic name, and quite rare but I like it). My friends call me Taliban jokingly (I know it may not be funny to all of you, and I didn't like it at first, but I can't stop people), so that's why the handle was 'taliban'. I hope that answers your questions, and I mean no harm to anyone.
I thought this forum was open to everybody to express their opinions and discuss relevant issues without insulting others. If you're going to keep banning me, please just let me know that I'm not welcome, and I'll leave. I thought Immigration Voice and its forum was open to all EB immigrants. I was even intending to become a contributing member, but now I'm kind of lost. Am I not supposed to post here? Is there something I missed?
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vandanaverdia
09-11 03:20 PM
Don't you wanna be a part of history???? What is stopping you???
Come to DC & lets be heard!!!
Come to DC & lets be heard!!!
girlfriend Fantasy - Warrior Wallpaper
gc_check
10-29 11:45 AM
Folks, This poll was created originaly on 7/7, Many folks got their GC, since then. The % might not reflect the current numbers of folks waiting. Still a good indicator, May be new poll might give a current status.
hairstyles Fantasy - Warrior Wallpaper
masouds
02-15 04:56 PM
:mad:
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Sure.
If, say, my dad was an American, I'd be an american too.
If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
That was the logical answer. The Real answer is, because they have better lobbists :-)
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Sure.
If, say, my dad was an American, I'd be an american too.
If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
That was the logical answer. The Real answer is, because they have better lobbists :-)
kaisersose
03-18 03:36 PM
At a minimum, EB3 ROW will advance sginficantly which is good for all those who were stuck in BEC.
It is believed country cap does not exist during the final quarter. If that is true, then some India EB2 (2004 and earlier) may also benefit.
It is believed country cap does not exist during the final quarter. If that is true, then some India EB2 (2004 and earlier) may also benefit.
Kodi
04-01 06:24 PM
Thank you so much.
So is it correct if I take the annual salary and divide by 52 and then by 40 to get the hourly basis?
So is it correct if I take the annual salary and divide by 52 and then by 40 to get the hourly basis?
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