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vdlrao

07-14 11:02 AM

EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


This EB2 movement of 2 and half years is just a first step by DOS.

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puddonhead

06-07 05:39 PM

5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
Reward checking accounts are your friend....
Reward Checking Account Discussion (http://www.fatwallet.com/forums/finance/775437)


They typically have some requirements like you may have to
1. Make 8-12 debit card transactions a month. Automatic payments for small amounts are usually your friend here.
2. Some of them may also need one or two direct deposits per month into the account.

The max balance up to which they will pay this interest rate is usually 25k. If you are rich - simply open up more than one at different financial institutions.

Right now - the rates are in the 4% range - but this is a very unusual time. I have seen rates in 6-7% range most of the time.

And if you are worried about risk - I guess nothing in this world can beat FDIC insurance in terms of risk hedge. I don't mean to say that the US government can never go bankrupt. In fact - the current strategy to spend spend spend out of the recession increases that chance. But there is NOTHING, not even stuffing your money in your mattress (hint: inflation) - which is superior in terms of preserving your capital.

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dartkid31

05-24 12:46 PM

Folks,

I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

"Folks, please be more rational and thoughtful please ?"

I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

Extremely one sided, hateful, demagogry, those words would be more accurate.

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s_r_e_e

07-14 04:29 PM

What would happen this time before it retrogress again is, some low hanging EB2s from 2005 end & 2006 will get GC while many 2002 & 2003 EB2 are still waiting. More frustration and even more stress with tracking , soft LUDs, Hard LUDs, info pass , uscis calls!! what a mess!

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rongch60

07-14 02:40 AM

To be honest, do you think that a petition from 1 category from 1 country will change the way USCIS interpret the spillover rule? No way! Currently, the highest priority is to make sure that USCIS use up all visa numbers. Any waste will hurt both EB2 and EB3. EB3 petition will create confusion on the bills, waste times from USCIS, and potentially took advantage by anti-immigrant groups to stop spillover. Is there any law that clear stated the cross-country spillover? Please stop the fight and not take the risk of losing all cross-country spillover!

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senthil1

04-07 10:20 AM

Under what provisions they will make H1b harder? Main test H1b can be hired when there is no US worker is available. That is reasonable. Today's situation it is easy to prove that no USA worker is available. Some restrictions will make TCS and Wipro to hire US workers(If you get gc you are US worker) with market pay also apart from H1b. The companies which will run completely on H1b will not grow. Only bad economy H1b persons cannot be hired. Because of this law H1b hiring may be reduced by 50%. But I think bill may not get much support. But some point of time may be after a few years it will come(may be they may stop completely H1b) as H1b hiring is in so crazy level. It is better to control now by some way instead of getting backlash after some years. Now most of H1b persons are having view that US citizens are lazy and lethargic and not employable. That is not true. Most of Desi companies are following law. But some sections of law is making mess so it needs to be corrected.
It’s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.

Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.

Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.

The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

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rockstart

03-23 12:19 PM

If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.

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desi3933

08-06 02:40 PM

Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

It seems that he is always ready to file lawsuit.

For me, its a good read to get a good laugh. :D

This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.

In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.

Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.

How dare you fuck@#n compare yourselves to EB-2?

Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.

Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.

If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.

Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.

Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.

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Administrator2

01-08 04:09 PM

Thanks Refugee_New, for your response, understanding and maturity.

Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

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mrajatish

04-08 11:39 PM

I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?

2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.

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NKR

04-14 03:39 PM

Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.


It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.

Fantasizing is ok but when you are dreaming, you cannot have sweet dreams all the time, sometimes you will have nightmares..


Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.

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Macaca

05-16 05:52 PM

China�s recent obstreperousness may yet backfire, frightening the United States and its Asian partners into doing more to balance against its growing power. For now, however, the alarming news is that China�s strategy seems to be working much better than America�s. Washington has made basically no progress in pushing China toward democracy, nor has it succeeded in persuading Beijing to abandon ambitions�like controlling the entire South China Sea�that threaten the interests of America�s allies. For its part, China�s Communist Party remains firmly in command. Meanwhile, as China�s economy and military have matured, it has begun to mount a serious challenge to America�s position in Asia.

Beijing has now become the most important trading partner for the advanced industrial nations of Northeast Asia and Australia, as well the comparatively poor countries on its frontiers. It is a leading investor in infrastructure development and resource extraction across the region. These thickening commercial ties have already begun to complicate calculations of national interest in various capitals.

China�s rapid economic growth has also enabled a substantial expansion in military spending. And Beijing�s buildup has begun to yield impressive results. As of the early 1990s, the Pacific was, in essence, a U.S. lake. Today, the balance of military power is much less clearly in America�s favor, and, in certain respects, it has started to tilt toward China. While its arsenal remains comparatively small, Beijing�s ongoing deployment of intercontinental ballistic missiles will give it a more secure second-strike nuclear capability. Washington�s threat to use nuclear weapons, if necessary, to counter Chinese aggression against its allies is therefore dwindling toward the vanishing point. As happened during the cold war, once the Soviets achieved a form of nuclear parity, the burden of deterrence will fall increasingly on the conventional forces of the United States and its allies. And, here, the trends are, if anything, more worrisome. Since the mid-1990s, China has been investing heavily in so-called �anti-access� capabilities to deter or defeat American efforts to project power into East Asia. People�s Liberation Army (PLA) strategists appear to believe that, with enough highly accurate, conventionally armed ballistic and cruise missiles, they could, in the event of a confrontation, deny U.S. forces the use of their regional air and naval bases and either sink or push back the aircraft carriers that are the other principal platform for America�s long-range power projection.

If the PLA also develops a large and capable submarine force, and the ability to disable enemy satellites and computer networks, its generals may someday be able to convince themselves that, should push come to shove, they can knock the United States out of a war in the Western Pacific. Such scenarios may seem far-fetched, and in the normal course of events they would be. But a visibly deteriorating balance of military power could weaken deterrence and increase the risk of conflict. If Washington seems to be losing the ability to militarily uphold its alliance commitments, those Asian nations that now look to the United States as the ultimate guarantor of their security will have no choice but to reassess their current alignments. None of them want to live in a region dominated by China, but neither do they want to risk opposing it and then being left alone to face its wrath.


When he first took office, Barack Obama seemed determined to adjust the proportions of the dual strategy he had inherited. Initially, he emphasized engagement and softpedaled efforts to check Chinese power. But at just the moment that American policymakers were reaching out to further engage China, their Chinese counterparts were moving in the opposite direction. In the past 18 months, the president and his advisers have responded, appropriately, by reversing course. Instead of playing up engagement, they have been placing increasing emphasis on balancing China�s regional power. For example, the president�s November 2010 swing through Asia was notable for the fact that it included stops in New Delhi, Seoul, Tokyo, and Jakarta, but not Beijing.

This is all to the good, but it is not enough. The United States cannot and should not give up on engagement. However, our leaders need to abandon the diplomatic �happy talk� that has for too long distorted public discussion of U.S.-China relations. Washington must be more candid in acknowledging the limits of what engagement has achieved and more forthright in explaining the challenge a fast-rising but still authoritarian China poses to our interests and those of our allies. The steps that need to be taken in response�developing and deploying the kinds of military capabilities necessary to counter China�s anti-access strategy; working more closely with friends and allies, even in the face of objections from Beijing�will all come with steep costs, in terms of dollars and diplomatic capital. At a moment when the United States is fighting two-and-a-half wars, and trying to dig its way out from under a massive pile of debt, the resources and resolve necessary to deal with a seemingly distant danger are going to be hard to come by. This makes it all the more important that our leaders explain clearly that we are facing a difficult long-term geopolitical struggle with China, one that cannot be ignored or wished away.

To be sure, China�s continuing rise is not inevitable. Unfavorable demographic trends and the costs of environmental degradation are likely to depress the country�s growth curve in the years ahead. And this is to say nothing of the possible disruptive effects of inflation, bursting real-estate bubbles, and a shaky financial system. So it is certainly possible that the challenge posed by China will fizzle on its own.

But if you look at the history of relations between rising and dominant powers, and where they have led, what you find is not reassuring. In one important instance, the United States and Great Britain at the turn of the twentieth century, the nascent rivalry between the two countries was resolved peacefully. But in other cases�Germany and Britain in the run-up to World War I, Japan and the United States in the 1930s, and the United States and the Soviet Union after World War II�rivalry led to arms races and wars, either hot or cold. What saved the United States and Britain from such a clash was in part the similarity of their political systems. What made conflict likely in the latter scenarios were sharp differences in ideology. And so, unless China undergoes a fundamental transformation in the character of its regime, there is good reason to worry about where its rivalry with the United States will lead.

Aaron L. Friedberg is a professor at Princeton University and the author of the forthcoming book A Contest for Supremacy: China, America, and the Struggle for Mastery in Asia

Dr. K�s Rx for China (http://www.newsweek.com/2011/05/15/dr-k-s-rx-for-china.html) By Niall Ferguson | Newsweek
The China Challenge (http://online.wsj.com/article/SB10001424052748703864204576315223305697158.html) By Henry Kissinger | Wall Street Journal
Henry Kissinger on China (http://www.nytimes.com/2011/05/15/books/review/book-review-on-china-by-henry-kissinger.html) By MAX FRANKEL | New York Times
Modest U.S.-China progress (http://search.japantimes.co.jp/cgi-bin/ed20110514a1.html) The Japan Times Editorial
U.S.-China's Knotty but Necessary Ties (http://www.cfr.org/china/us-chinas-knotty-but-necessary-ties/p24973) By John Pomfret | Council on Foreign Relations
Do Americans hold �simple� ideas about China's economy? (http://curiouscapitalist.blogs.time.com/2011/05/12/do-americans-hold-%E2%80%9Csimple%E2%80%9D-ideas-about-china%E2%80%99s-economy/) By Michael Schuman | The Curious Capitalist

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senthil1

04-08 07:34 PM

IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.

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cinqsit

03-26 03:52 PM

UnitedNations

What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO

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sanju

05-16 11:26 PM

Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms


Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.

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desi3933

07-08 07:38 AM

This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

Please consult a good attorney ASAP.

Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


_____________________
Not a legal advice.

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Macaca

02-25 07:50 PM

Please post (with URL i.e. verifiable) Lou Dobbs lies. He is believed by some persons in other immigration forums. Thanks.

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psam

07-13 05:57 PM

I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.

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mpadapa

08-05 10:39 AM

Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

Senior Programmer (say Bachelor's with 5 yrs exp)

Files under EB1 : because he/she came L1, qualification might be few yrs exp.
Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

If you are keen on doing a lawsuit why not
File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
Or file one against DOL for taking n number of years to get the LC done.
Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.

Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

Thanks.

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NKR

09-26 09:31 AM

Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�

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pthoko

07-17 02:00 PM

Do you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??

Do we have to tell them anything or do anything specifically to get a new I-94??

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