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  • pointlesswait
    09-29 02:50 PM
    like i had said in my earlier posts...this is retarded idea..to begin with...and still is..

    cause...if anyone is even dreaming of buying a house thinking the home values are down ..think again..no matter how good ur credit rating is..you will have to pay high interest...and no one in their right mind will say that the home values have bottomed out..it will continue to fall ...




    First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.

    Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.

    Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.

    Remember, nothing stops you from buying a house right now!!





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  • oguinan
    02-14 12:19 PM
    The debate is interesting for a couple of reasons. First, it demonstrates that the EB system is very complex and any change causes ripple effects throughout the entire system. Second, we cannot talk to elected representatives about the immigration system if we do not have a complete understanding of it. We have to go into discussions with the idea that we have made a complete assessment of the impact of our proposals, that we recognize the issues and risks involved in each proposal.

    The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.

    This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.

    oguinan


    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • panini
    05-11 04:17 PM
    Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.

    That is not a Sri Lankan word either. That is the first time I heard it myself.





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  • sh2005
    02-12 01:32 PM
    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?

    I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?

    The following was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?



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  • michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm





    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.



    Thanks and best regards,


    xx





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  • swo
    07-12 09:29 PM
    I have to tell you, I read this report in the paper when it was on the front page. While it may be true that some people are always impacted, those that have applied for Canadian PR after living in the states have been successful and had results in less than 2 years from beginning to end, and without the shadow of being employed by a given employer hanging over them.

    No, sorry. It's just not typical. The Canadian "Backlog" does not even BEGIN to compare to the broken, extended, in-status, out-of-status, this form, that form, this queue, priority date, receipt date, labor cert workflow that is the US immigration system.

    Reading this article you would think the Canadian system was a disaster. And yet, the amazing thing is, nowhere was there a mention of EXISTING problems with the US system. Just a criticism of the point system.

    http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

    June 27, 2007
    Canada’s Policy on Immigrants Brings Backlog
    By CHRISTOPHER MASON and JULIA PRESTON

    TORONTO, June 26 — With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada’s merit-based immigration system was designed to attract.

    Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

    Mr. Kureishy’s experience — and that of Canada’s immigration system — offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

    A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

    The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

    The system’s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta’s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

    In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

    “The points system is so inflexible,” said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. “We need low-skill workers and trades workers here, and those people have no hope under the points system.”

    Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada’s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada’s immigrants come through the point system.

    Under Canada’s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

    Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

    Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. “It is not surprising that Canada’s bathtub is overflowing,” Mr. Greenberg said.

    Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

    The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

    The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

    “I am a university professor, and I can barely figure out the points system,” said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. “Lawyers have books that are three feet thick explaining the system.”

    The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

    Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

    “The system is very much broken,” Mr. Burns said.

    Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

    Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. “It was a long process, but I look at myself as fairly resilient,” Mr. Kureishy said.

    He criticized Canada as providing little support to immigrants after they arrived.

    “If you advertised for professors and one comes over and is driving a taxi,” he said, “that’s a problem.”

    Christopher Mason reported from Toronto, and Julia Preston from New York.



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  • Desertfox
    07-24 07:59 PM
    This is the most accurate evaluation I have ever found on this forum regarding how USCIS works! :D

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)





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  • soma
    02-15 08:30 AM
    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

    If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.

    I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.



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  • Jerrome
    09-17 09:53 AM
    Hi this is the following # of approved PERM for India by month-wise.
    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    Received_Date is the priority Date
    - You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.

    As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.

    But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.





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  • grupak
    12-13 11:25 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.



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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!





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  • swo
    07-13 02:51 AM
    I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.

    I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.

    I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.

    You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.

    It's that simple.

    One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.

    And by the way, Canada has one of the top literacy rates in the world.

    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.



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  • at0474
    12-14 12:55 PM
    ......

    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.





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  • bayarea07
    07-27 01:21 PM
    This is indeed a very entertaining thread, cannot help myself but laugh on reading the posts.
    But what is so amazing about these Amway folks is that now matter whatever way you argue with them they are utterly convinced that they will be millionaire soon.

    Whenever I am in a bad mood i try to remember one of the meeting that i attended where everybody was cheering for each others like 3rd grade kids.



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  • illusions
    05-11 05:05 PM
    Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.

    my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.





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  • needhelp!
    09-23 05:28 PM
    Fifteen minutes is well worth the time to influence a $2 trillion enterprise.



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  • Law Loving Alien
    08-30 01:38 PM
    Hi,

    I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.

    The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.

    Experts...correct me if I am wrong...





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  • addsf345
    05-29 04:21 PM
    If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.

    This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.

    well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.

    Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.

    On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.





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  • sgmavinkurve
    07-21 02:25 PM
    I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.

    But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).

    So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.

    How does this sound to others?





    snram4
    01-15 04:23 PM
    Probably you may be receiving green dots from the members who are from non-bodyshoppers and red dots from the persons who are working in bodyshoppers. Basically every individual want a law which is favourable for him. If it is against him he will oppose even if that is correct. It is normal.

    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff





    TeddyKoochu
    09-17 03:23 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.



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