sanhari
07-19 04:08 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
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sidd
04-19 07:25 PM
Hi Folks,
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
Has anyone recently done Canadian Landing with pending 485 and any issues re-entering US with AVR/H1B/Advance Parole?
Any problem with H1-B stamping the same visit as you do Canadian Landing?
Can one apply for a 'Canadian Visitor Visa', while there is a valid (not used) Canadian PR Immigration Visa stamp in your passport?
I would appreciate your replies/experiences.
Thanks.
titu1972
07-05 09:19 AM
Mine reached at July 02 10:25am at Lincon,NE. Received by J.Barrret. Ship date June 29.
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amitkhare77
09-08 11:18 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
more...
pitha
07-07 08:43 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
lutherpraveen
10-01 02:22 PM
Ship (P/U) date: Jul 2, 2007
Delivery date: Jul 3, 2007 9:03 AM
Sign for by: R.WILLIAM
No receipts, No checks cashed, jut nothing.
My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.
July 3rd at 9:03 received by R.William--
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
Delivery date: Jul 3, 2007 9:03 AM
Sign for by: R.WILLIAM
No receipts, No checks cashed, jut nothing.
My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.
July 3rd at 9:03 received by R.William--
I am still waiting...
Just checking to see how are others doing, If you have not received receipt number please let me know. If I am the only person left then I need to escalate this issue with my laywer..
Please respond, I know 10 days back there were few people still waiting
Any updates from....
i99
helpme1234
kingnaga
waitforgc123
more...
InTheMoment
06-15 10:03 AM
and which state did you apply from ? Looks like there is some relation to where it is processed (If your I-140 was not already approved before the USCIS bispec III...see my message before )
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
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anzerraja
07-20 02:53 AM
Thanks Vipps !!!
It is members like you who keep up the spirit going.
$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.
I will be doing R2I sooner, yet i feel guilty after reading that article.
It is members like you who keep up the spirit going.
$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.
I will be doing R2I sooner, yet i feel guilty after reading that article.
more...
nixstor
07-07 10:12 PM
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
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hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
more...
Ahimsa
10-25 01:13 PM
... Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill...
... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...
1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?
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diptam
09-29 11:46 PM
Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.
When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
more...
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Libra
08-20 12:38 PM
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
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ita
11-01 04:17 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
more...
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wellwisher02
03-29 01:33 PM
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
Just carry your bank statements. No need to carry cash or cashier's checks.
Visit your bank's website, log into your bank savings/checking account and download your bank account statements.
Thanks.
Just carry your bank statements. No need to carry cash or cashier's checks.
Visit your bank's website, log into your bank savings/checking account and download your bank account statements.
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vinabath
03-26 10:13 AM
2008, 2009 = 280K
Total EB 485 applicants whose PD<2006 approx 200K????
I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
Total EB 485 applicants whose PD<2006 approx 200K????
I think you guys are in good shape. I dont know why it will take 10 years.
The process is streamlined now.
PERM process
140 immediately after labor
No more labor substitution no more cutting lines.
NC>180 days you will GC
Once they reinstate 140 premium processing.....all the backlogs will be cleared by next year october.
more...
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edd
06-11 04:45 PM
I know one of us got it. Any one else ?
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TheOmbudsman
10-25 07:25 PM
That observation on the SKULL bill and masters degrees was raised by few concious and noble members of this forum before.
Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
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palemguy
11-30 07:54 PM
Hi Mehul,
very sad to hear your condition. We do have good medical treatment available everywhere. Get the best treatment. I have seen so many people recoved from cancer. Hope you will be the one among them. Don't give up hope and spirit. Hope both you and your family will get GC very soon.
Consult a good attorney what to do immediately.
I will pray for you.
Wish you all the best to you and ur family
very sad to hear your condition. We do have good medical treatment available everywhere. Get the best treatment. I have seen so many people recoved from cancer. Hope you will be the one among them. Don't give up hope and spirit. Hope both you and your family will get GC very soon.
Consult a good attorney what to do immediately.
I will pray for you.
Wish you all the best to you and ur family
SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
diptam
05-23 01:06 PM
The point system has worked well in both Canada and New Zealand and have moved those who meet the threshold through the immigration system faster. As an non paying IV member, I am not in favor of opposing the current bill.
Please voice your concerns to IV Administrators or if you have any misunderstanding or less understanding about what's going on.
We all agree that Point system is more universal - But for guys who are waiting since 2001 ( say LC from CA/NY/NJ etc..) do you think its a justice
to go through Points system again from Scratch ??
Getting more VISA numbers to flush out the Half Million Backlog is 1st Priority according to Majority in this Forum ....
Please voice your concerns to IV Administrators or if you have any misunderstanding or less understanding about what's going on.
We all agree that Point system is more universal - But for guys who are waiting since 2001 ( say LC from CA/NY/NJ etc..) do you think its a justice
to go through Points system again from Scratch ??
Getting more VISA numbers to flush out the Half Million Backlog is 1st Priority according to Majority in this Forum ....
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