
pappu
07-24 11:14 AM
john2255, pls update your profile with full information. We do not encourage or answer anonymous posters or emails.
Do not start an action item on your own. Consult us before posting any such message so that it is aligned with IV work.
Do not start an action item on your own. Consult us before posting any such message so that it is aligned with IV work.
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drona
07-30 12:45 PM
gctoget, we are actually 39 members now. 24 is the new members that have joined since a week back. If you look at the members section on our yahoo groups we have more. Keep joining folks, we have become very active.

saimrathi
06-06 04:04 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
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uma001
05-03 02:43 PM
When this bill be introduced in Senate? Is it next week or next month?
more...

nlssubbu
10-01 04:20 PM
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks

gc_on_demand
04-30 10:38 AM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
more...

singhsa3
09-12 12:06 PM
Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
how about sending balloons with a message on it?
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
how about sending balloons with a message on it?
the balloon would represent our dreams and each passing day of inaction on the part of uscis lets the air out of them
inflated balloons would be visible also when the delivery arrives
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chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
more...

ragz4u
03-02 11:28 AM
Here's the link for the live hearing of the Judiciary Committee
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
http://www.capitolhearings.org/
Click on room Dirksen 226 and let everyone know what you hear. Not all have access to internet from work
Enjoy!
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nk2006
10-28 12:52 PM
In addition to writing Ombudsman, it has been decided to intensify this campaign and write to higher ups at the USCIS. A few new actions items have been identified and posted at: http://immigrationvoice.org/forum/showthread.php?t=22182
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
Note that this campaign has active support by core members and the strategy of writing these letters has been decided after a lot of discussions. But to achieve positive results and changes at USCIS we need to send these letters in big numbers. Please participate in that campaign and send those 4 letters as soon as you can. Thanks.
more...

pappu
08-08 12:15 PM
I sent you one in a PM a few minutes ago.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
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gc_on_demand
12-10 04:38 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
more...
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apb
09-16 12:52 AM
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go_guy123
07-06 01:35 AM
Not Volunteer but Leaders...
Volunteer is a person who takes responsibility and does a task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.
Most leaders are actually volunteers in IV. They have a regular full time job.
What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :
For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its “affiliates” network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.
I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is and get some reality check of how things work in US politics.
Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)
Even with such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.
Volunteer is a person who takes responsibility and does a task. Here the question was raised to have new leaders who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening.
Most leaders are actually volunteers in IV. They have a regular full time job.
What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :
For this you need to hire full time lobbyist which costs a lot
of money. IV budget is nowhere close to that the Hispanic lobby group:
National council of La Raza whose budget is
$40 million or $1.3 billion including its “affiliates” network.
IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.
I strongly suggest you listen to the audio interview to understand how big the hispanic
lobby is and get some reality check of how things work in US politics.
Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)
Even with such power also they cant pass CIR. But at least they ensure that no
EB or illegal immigration reform will pass unless there is something for illegals.
more...
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villamonte6100
04-02 01:57 PM
Villamonte,
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
Thanks for ur support and understanding. I think we better let these guys take a shot at what they are about to do. Immature and narrow minded is what they are and thats how they wanna be. Looks like they've been watching those Indian vigilante movies a lot and they think that they can get away with fighting a foreign Govt agency. They'll understand what we meant when they receive a cold shoulder from USCIS :D.
Peace out!
D-E-D
No worries mate. Just trying to help clear things but I get rebutted all the time and I'm sure they are misinterpreting me.
I have nothing against them and as part of IV, I am just voicing an opinion which they could reject politely.
Some of the comments on my comments are really harsh as if I am personally attacking them.
You are right, it will be tough to dig into an agency that does approve your status here.
They can do whatever they want and good luck to them.
BTW, I used to have several red dots before and I don't know why they changed it to green. They still have a block on one of my IP address.
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snathan
08-23 10:49 AM
Envy, jealousy, and crab mentality will be our nemesis. If you think it's easy to get into eb1 then why waste your time? At least this category gives some incentive to progress in life. Why rock this boat?
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
more...
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sansas
02-27 11:55 AM
Dreaming on the April Visa Bulletin in the US
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.
http://nursepod.com/blog/?p=168
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pappu
09-03 10:48 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
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RNGC
06-23 04:49 PM
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
jonty_11
07-06 01:05 PM
He is a excellent lawyer it seems , may be i'll hire him ...
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
What is his name , is he/she a AILA member ?
Wahtever this may be..lets hope this is also not a rumor like the VB July Fiasco turned out not to be a rumor.
trueguy
02-23 01:11 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
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