BharatPremi
12-14 04:30 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
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chanduv23
06-28 08:56 PM
Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
eyeswe
07-21 04:33 PM
I think we have met somewhere OR I have seen you somewhere...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
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unitednations
02-13 02:41 PM
Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
For example, here is March 1999 VB
All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based
1st C 22JAN98 C C C
2nd C 08SEP96 08SEP97 C C
3rd C 01JAN95 08FEB96 C C
As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.
After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.
Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
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netnerd
10-03 10:41 AM
Dear Friends,
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
qualified_trash
06-21 03:11 PM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
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nik.patelc
09-03 02:38 PM
Folks whose views "Very sad news...May his soul rest and peace." for indian politicians are stupid and ediot. Not a single indian politician is admirable except Atalji.
about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.
So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.
about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.
So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.
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alisa
01-28 11:22 AM
Is this the reason the PDs don't move forward?
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
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vdlrao
07-21 05:33 PM
Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
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nixstor
09-23 02:17 PM
Please keep sending those emails. IV is nothing but I + WE
Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.
None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.
The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.
As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.
Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.
If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.
Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.
None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.
The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.
As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.
Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.
If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.
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leoindiano
08-16 08:33 AM
SRK is an idiot guys...
In his movies, he wears and promotes US brands half the time. In his stupid movies from 1999 and 2005, he wore US flag on his clothes. He got houses in London, Dubai. He presents himself indian because that sells. Dont loose sleep over this issue. He is trying to publicize his upcoming movie. Do you think he is going to stop that?
I couldnt sleep when Mumbai was burning on CNN. But, why would SRK care about that?
Salman Khan was very sensible in his comments about the issue. Salman, i will watch your next movie in theater for looking from common man perspective. I will make sure, i will not watch SRK movies in theater anymore.
In his movies, he wears and promotes US brands half the time. In his stupid movies from 1999 and 2005, he wore US flag on his clothes. He got houses in London, Dubai. He presents himself indian because that sells. Dont loose sleep over this issue. He is trying to publicize his upcoming movie. Do you think he is going to stop that?
I couldnt sleep when Mumbai was burning on CNN. But, why would SRK care about that?
Salman Khan was very sensible in his comments about the issue. Salman, i will watch your next movie in theater for looking from common man perspective. I will make sure, i will not watch SRK movies in theater anymore.
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sk2006
08-15 03:31 AM
SRK detained at US airport for being a Khan - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/SRK-detained-at-US-airport-for-being-a-Khan/articleshow/4896236.cms)
Guys we often discussed about facing problems at Port of entry. People being questioned for hours or rumors about people being sent back. I was surprised by reading this news today. This country is going crazy about stopping people just because their surname is "Khan" even if the person has travelled to US earlier. With experience i expect people to get smarter but these people are getting dummer.
Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
Guys we often discussed about facing problems at Port of entry. People being questioned for hours or rumors about people being sent back. I was surprised by reading this news today. This country is going crazy about stopping people just because their surname is "Khan" even if the person has travelled to US earlier. With experience i expect people to get smarter but these people are getting dummer.
Why should it be a surprise?
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
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snathan
08-20 10:31 PM
^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D
SRK also equally crap to talk about...so lets give this thread rest to peace..
SRK also equally crap to talk about...so lets give this thread rest to peace..
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Saralayar
10-02 07:13 PM
My parents are visiting me with visitors visa. They got the I-94 for 6 months. Can I extend their stay for another 6 months?. Will this affect their future entry in to USA?. Kindly advice what I need to do. Thanks in advance. What are the formalities I need to do to extend their stay?
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vrichards
09-05 12:44 AM
It seems like YSR was a very evil man. We must celebrate now that he has died.
Good riddance to bad rubbish.
Good riddance to bad rubbish.
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eb2_mumbai
09-15 10:46 AM
This thread is getting very interesting with all the logical calculations and predictions, thanks OP.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
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sundevil
05-29 12:08 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.
Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.
Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.
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unseenguy
08-16 12:52 AM
Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.
Anti.... welcome to 21st century assertive Indianness. We fight for our rights!
Anti.... welcome to 21st century assertive Indianness. We fight for our rights!
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arihant
06-27 04:07 PM
why you stopped at 2001 ......go all the way to 0 for christ sake
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Jerrome
09-24 10:24 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
100% by this time next year.
100% by this time next year.
wandmaker
07-22 02:16 PM
See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)
:D
:D
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