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  • vbkris77
    03-31 07:42 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.




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  • Macaca
    01-15 08:35 PM
    Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08

    After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.

    But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.

    Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.

    Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.

    There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.

    Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.

    In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.

    It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.

    Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.

    If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.




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  • factoryman
    05-01 01:56 PM
    I had lot of hopes for skilled immigrants under the democratic majority both in house and senate. They are now slowly waning. As I see it, the democratic party in US (elsewhere except South) is now taken over by union and leftist liberalsl in the South it is hijacked by Blue Dog Democrats. I see no hope.

    DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.

    Go there and see that is going on. (http://www.dailykos.com/story/2007/4/30/95526/3669)

    Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.

    Some Leavening (1+ / 0-)
    Recommended by:fastwacks
    While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.

    I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.

    The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.

    This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.

    The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.

    Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.


    Think, liberally.



    IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.




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  • delax
    07-14 03:28 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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  • nojoke
    04-14 01:14 PM
    People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!

    These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?




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  • ghost
    07-17 10:24 AM
    Also I forgot to say Randall, I think you really want to see no greencards to anyone. Are you a spy?

    What's wrong with you man, do your homework before spitting out such venemous statements.



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  • Marphad
    12-18 01:45 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.




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  • Macaca
    12-30 07:04 PM
    India expects quick solution to Iran payments issue (http://in.reuters.com/article/idINIndia-53843720101230) By Nidhi Verma and Ratnajyoti Dutta | Reuters

    India will try to resolve a payments dispute with Iran when their central banks meet on Friday to keep oil shipments flowing from the Islamic Republic without backtracking on a move praised by the United States.

    The Reserve Bank of India (RBI) said last week deals with Iran must be settled outside a long-standing Asian Clearing Union (ACU) system and Iran has refused to sell oil under the new rules, threatening about $12 billion a year of exports.

    The White House, which wants governments to stop dealing with Iran because of its nuclear programme, on Wednesday praised the RBI's move, which comes less than two months after President Barack Obama visited India.

    But India, Asia's third-largest economy, buys more than 400,000 barrels per day of crude oil from Iran -- about 13 percent of total imports for the fast-growing economy.

    Without a solution, its refiners would need to find alternative sources of oil at a time that international crude prices are near two-year highs and the country's inflation rate is painfully high and rising.

    "We are working on an alternate settlement mechanism. It is being discussed at length with the Ministry of Finance and a solution will be found in the course of the next few days," Indian Oil Secretary S. Sundareshan said on Thursday.

    Both the Indian government and the RBI, which has so far acted unilaterally in the ACU, suggested it was a broader problem, stepping back from a move which seemed allied to the United States and targeting Iran.

    "The Asian Clearing Union mechanism ... is under some stress and RBI wants to make changes," Sundareshan said.

    FINE-TUNING, NOT SEA CHANGE?

    "Iran is an international problem. We have to find out a solution. Please understand it is not India's problem, it is not Iran's problem," RBI Deputy Governor K.C. Chakrabarty told reporters in Bangalore on Thursday.

    Among options to rescue oil trade between the two near neighbours is settlement in Indian rupees, similar to South Korea's method of payment to Iran in Korean won, or another currency outside the dollar and the euro of the old mechanism.

    "It can be any currency. It could be yen or (Iran's) local currency," Sundareshan said.

    Analysts and political observers said India was fine-tuning its stance with an eye to ensuring its access to much-needed oil and protecting its interests in the region and the Middle East.

    India, which has U.S. backing for its bid for a permanent place on the U.N. Security Council, has voted against Iran on its nuclear programme at the International Atomic Energy Agency while Iran has made statements supporting an insurgency in Indian Kashmir.

    "India is seeing itself as a 'major responsible power' and it is aiming to be in concert with the other major responsible powers like the U.S., European Union, Russia and China," said Uday Bhaskar, director of the National Maritime Foundation think tank.

    Former Indian foreign secretary and a former ambassador to the United States, Lalit Mansingh, said India wanted Iran to understand it had "a nuanced position".

    "We have been saying, don't force us to make a choice. But if it comes to a choice, we have far more at stake with the U.S. than with Iran," he added.

    But India, seen alongside China as an engine to pull the western world out of economic idling, has no desire to be seen by neighbours as playing a U.S. tune.

    "America should not read too much into this. India is not an ally, in the sense it has not signed from A to Z. On nuclear issues, it can go with the U.S., but on energy it will go with Iran," said P.R. Kumaraswamy, head of West Asian studies at New Delhi's Jawaharlal Nehru University.



    Iran, India oil row escalates; c.bankers to meet (http://in.reuters.com/article/idINIndia-53831720101229) By Nidhi Verma and Ratnajyoti Dutta | Reuters
    India Joins U.S. Effort to Stifle Iran Trade (http://online.wsj.com/article/SB10001424052970203513204576046893652486616.html) By JAY SOLOMON And SUBHADIP SIRCAR



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  • pd_recapturing
    04-15 02:39 PM
    Mariner555 is right. When I was buying a house, my friend also bought a house at the same time. he bought a big brand new single family and I bought a smaller old townhouse (2004 built). His house did cost hom around 200k more than mine. Now, after 5 months, when I asked him, how is life, he lamented that whole of his income goes towards the mortgage and nothing left for other activities. In my opinion, one shud buy house when he/she can save enough to enjoy other aspects of life after paying the mortgage. I have seen ppl cursing their decision to buy house because of the mortgage. I do not think that its anything to do with housing market.
    And finally believe me, living in your own house is a great feeling so go for it...:)




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  • DSJ
    05-17 02:43 PM
    Come on man don't preach here. Your so called paid *permanent job* is to do work at your office, not spend time in this forum to post lengthy text.
    Do you think what you are doing is legal or illegal to your company.

    Reality is, being a 'consultant' on the bench is illegal.



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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.


    ______________________________
    Not a legal advice.




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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.



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  • priti8888
    08-09 06:43 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1




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  • ganguteli
    03-23 12:26 PM
    well..thats good question..I couldnt..because calling number was Unavailable..

    Call came to my cell which is the number I put in 485 app.

    She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..

    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.



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  • SunnySurya
    08-05 02:00 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.




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  • vinabath
    03-26 09:59 AM
    If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D

    Atleast I could sqeeze a beer from you ;)



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  • number30
    03-24 11:37 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.


    What the consulting companies( Including Mine) are working like placement cell holding the stock of consultants. This is being questioned by the USCIS. They are understanding the mode of the operations. These stock does not have any usage unless they get some order. This is question was getting raised in H1B RFEs since last two-three years. With H1B you can escape with contracts between companies. But the concern with green card is will they accept such kind of agreements as proof of an permanent job? It will come to nature of the business of the company.

    (sorry for the Language )




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  • unitednations
    03-24 02:59 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.




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  • mariner5555
    03-24 01:59 PM
    True.

    I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?
    They should not end up as "GC" victims.
    (my final thoughts ...)
    well one point is clear - those who have a house will justify it and those who rent will justify the same.
    I don't expect those who bought house to say that they made a mistake ..they have to justify (rightly) their decision even if they paid more. and I agree with them.
    both have their valid points but from what I have observed quality of life actually goes down a little when you buy a house at inflated prices or buy a house beyond yr means (as both hus / wife have to work etc etc ..many even end up cooking food once a week - if u know what I mean).
    I am from bombay -- and actually we had more fun in the buildings / apartments because you end up spending more time outdoors with friends. now ofcourse people will say they stayed in bungalows in smaller cities and they had fun too ..and I agree. similarly I know few people / friends who bought houses here (in USA) in such isolated / wealthy surroundings that their kid / kids have no friends !! ,
    similarly other in a hurry brought a house so far from work / city that they are in a soup !! some of their wives simply cannot drive or will take years to learn or they have only one car ..the net result - husband goes to work from 8 to 7 (including transit time) - kids end up at home (ofcourse they run up and down the stairs - watching TV). whereas in an apt - the chances that you would find someone in similar position is more (i.e. kids of same age who can play together is higher). maybe when they grow and go to school - things will be better -- I guess in the end it is personal.
    ...also just because someone buys a house - doesnt necessarily mean higher std of living and simarly those who rent - it doesnt mean that they have lower std of living ...in the end it is personal decision !! but in present scenario --- looking before leaping definitely makes sense. rather than buying a house quickly - just because everyone else is doing the same ..).
    BTW there are lots of articles out there which explains why renting is not throwing money away !!




    gcdreamer05
    08-08 12:15 PM
    There was a terrible bus accident. Unfortunately, no one survived the accident except a monkey which was on board and there were no witnesses. The police try to investigate further but they get no results. At last, they try to interrogate the monkey. The monkey seems to respond to their questions with gestures. Seeing that, they start asking the questions.

    The police chief asks: "What were the people doing on the bus?"

    The monkey shakes his head in a condemning manner and starts dancing around; meaning the people were dancing and having fun.

    The chief asks: "Yeah, but what else were they doing?".

    The monkey uses his hand and takes it to his mouth as if holding a bottle.

    The chief says: "Oh! They were drinking, huh?!" The chief continues, "Okay, were they doing anything else?"

    The monkey nods his head and moves his mouth back and forth, meaning they were talking.

    The chief loses his patience: "If they were having such a great time, who was driving the stupid bus then?"

    The monkey cheerfully swings his arms to the sides as if grabbing a wheel.




    sc3
    07-14 04:23 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.


    The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I



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