immigrant2007
06-30 12:54 PM
Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
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floridasun
01-01 05:35 PM
Follow this with the Rocky song:
YouTube - Survivor - Rocky- Eye of the Tiger (http://www.youtube.com/watch?v=nS4giqtbRBM)
of course don't forget to read the books on Dalai lama and Gandhi
Like I said in the last post, I did have a blast partying new year's eve and did not annoy my frds nor my brain with any of this $hit. Thanks jumanji and tonyHK12 for starting this new year with very inspiring and genuine quotes from Rocky.
There are two forces: fate and human effort - All men depend on and are bound by these, there is nothing else.
-- Krpa (The Book of the Sleeping Warriors)
I pray to God and beg Him to help me with my fate !
YouTube - Survivor - Rocky- Eye of the Tiger (http://www.youtube.com/watch?v=nS4giqtbRBM)
of course don't forget to read the books on Dalai lama and Gandhi
Like I said in the last post, I did have a blast partying new year's eve and did not annoy my frds nor my brain with any of this $hit. Thanks jumanji and tonyHK12 for starting this new year with very inspiring and genuine quotes from Rocky.
There are two forces: fate and human effort - All men depend on and are bound by these, there is nothing else.
-- Krpa (The Book of the Sleeping Warriors)
I pray to God and beg Him to help me with my fate !
sidbee
02-15 10:17 AM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
I really wish all the desi companies,who get people from India,and put them on bench to find a project ,be banned. They screwed H1B, and in turn all the deserving H1B candidates.
2011 ino yamanaka sai gaara
hebron
04-22 03:52 PM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
Could you please give more details of your case?
1. Job requirements: Masters Or bachelors
2. Experience required for the position
3. Did you get your MCA evaluated to US master's? If so, could you give the name of the agency?
4. Did you use experience gained from the employer to file EB2?
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
Could you please give more details of your case?
1. Job requirements: Masters Or bachelors
2. Experience required for the position
3. Did you get your MCA evaluated to US master's? If so, could you give the name of the agency?
4. Did you use experience gained from the employer to file EB2?
more...
stuckinmuck
05-14 04:54 PM
This hits the nail on the head. We need to do a reality check on our side as well. I have been extremely embarassed by my fellow desis stinking to the core and digging their noses in meetings.
I've also had the extreme embarassment of being asked by a fellow non-Indian colleague as to why most 'male' desis didn't believe in taking a shower and washing their clothes.
Another point raised was why some ladies wore anklets in the office. The sound of anklets does bother me too since it truly distracts one's attention. I understand there is a cultural tradition involved here but we need to assimilate as much as possible especially in the work environment.
Sometimes, unfortunately such things take away the attention from our real skills which are our brains and smart work.
We need to maintain proper hygiene and courtesy everywhere, even at home.
I've also had the extreme embarassment of being asked by a fellow non-Indian colleague as to why most 'male' desis didn't believe in taking a shower and washing their clothes.
Another point raised was why some ladies wore anklets in the office. The sound of anklets does bother me too since it truly distracts one's attention. I understand there is a cultural tradition involved here but we need to assimilate as much as possible especially in the work environment.
Sometimes, unfortunately such things take away the attention from our real skills which are our brains and smart work.
We need to maintain proper hygiene and courtesy everywhere, even at home.
LostInGCProcess
07-14 01:02 PM
I did refered earlier in this forum ,about KIRAN SATHAYE AGENCY (http://www.givemeinsurance.com) , a desi agent deals with Farmers Insurance in Texas only.
I got mine and my wife insurance with him for $15 a month covering 250K Term Life insurance ( We are on H1 )
Check for any Farmers agents in your area.
Good luck.
Do you get anything in return after the Term? Or is it gone?
I got mine and my wife insurance with him for $15 a month covering 250K Term Life insurance ( We are on H1 )
Check for any Farmers agents in your area.
Good luck.
Do you get anything in return after the Term? Or is it gone?
more...
akela_topchi
01-14 03:49 PM
Thanks for the information Pappu!
I love IV and I will continue to spread the word!
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
I love IV and I will continue to spread the word!
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
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hebron
04-20 09:44 AM
yes my case rejected due to number of years of education.
My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.
That's ridiculous :rolleyes: So did you pursue with MTR or filing in EB3?
My case they rejected because i have 3 year Bsc and 2 year master now funny thing is that i know my friend who did similar course from same university but he did same master degree like me but in part time so he complete in 3 years and he got approval in 2009.
That's ridiculous :rolleyes: So did you pursue with MTR or filing in EB3?
more...
saibalagi
07-09 02:00 PM
I sent Flowers to Gonzalez Yesterday, it will be reaching tomorrow(Jul10th).
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floridasun
01-02 07:31 PM
He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?
Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?
Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?
more...
Marphad
03-17 04:15 PM
I think is IP banned and he no longer able to access the IV.
Thats I read in his forum...
Banning IP is not a good idea. If you are sitting in a company, for all people, outside world will get the same IP.
Thats I read in his forum...
Banning IP is not a good idea. If you are sitting in a company, for all people, outside world will get the same IP.
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singhsa3
07-11 11:21 AM
Saala dal abhi paki nahi aur kahane ke liye phele se hi fight shuroo ho gai.
How does it matters guys, just focus on this effort. We do not have any political ambition, we just want our green card in LEGAL way.
So do not loose sleep on this. And who know, we may end up needing them at some time.
How does it matters guys, just focus on this effort. We do not have any political ambition, we just want our green card in LEGAL way.
So do not loose sleep on this. And who know, we may end up needing them at some time.
more...
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pappusheth
06-03 12:26 PM
I guess this hearing is for "H.R. 1024 Uniting American Families Act of 2009" and not for "S.1085 Reuniting Families Act".
S. 1085 covers employment visa recapture..
S. 1085 covers employment visa recapture..
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bhatt
10-20 07:54 PM
Yes, the EB2I pre-Apr 2003 approvals have slowed down considerably, USCIS cannot keep clearing backlogs forever if there aren't many backlogs to begin with.
Now they will spend the entire Nov without too many EB2-I cases to deal with and then Dec visa bulletin see a long jump. Its a waste of precious processing time.
I am bored of this yo-yo.
In Dec DOS will move the EB2I date to april 01, 06. And USCIS exhaust the visa number by approving the 06 cases and retrogress back to april 01, 03.
And whoever has the 03 and 04 PDs will be screwed as usual.:mad:
It is not just the USCIS , DOS is also the culprit.
Current heavy retrogression is NOT because of the shortage of visa numbers.
Now they will spend the entire Nov without too many EB2-I cases to deal with and then Dec visa bulletin see a long jump. Its a waste of precious processing time.
I am bored of this yo-yo.
In Dec DOS will move the EB2I date to april 01, 06. And USCIS exhaust the visa number by approving the 06 cases and retrogress back to april 01, 03.
And whoever has the 03 and 04 PDs will be screwed as usual.:mad:
It is not just the USCIS , DOS is also the culprit.
Current heavy retrogression is NOT because of the shortage of visa numbers.
more...
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dilipb
06-24 01:46 PM
In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?
According to my thinking:
I would type the information related to the COPY OF EAD that you are sending now.
OR
I would type the information related to the EAD which is of most use to you.
Also dont only listen to people on this forum.
Call USCIS !!!
According to my thinking:
I would type the information related to the COPY OF EAD that you are sending now.
OR
I would type the information related to the EAD which is of most use to you.
Also dont only listen to people on this forum.
Call USCIS !!!
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nixstor
07-11 11:04 AM
Spoke with Amit at USINPAC. Looks like the dude doesn't know any thing and might be a summer intern and Mr Robinder Sachdev is in India right now, I asked for his contact info and he doesnt have it right now. He is trying to get his contact information and also escalating with his higher ups. He said that he is receiving a lot of calls from IV members. Dont fire up on this guy. He is just taking calls. I told him that its unfair to grab/steal credit with out mentioning the source and also pointed out how IV has been renamed to Emigration Voice in the original story.
IV should have a own press release refuting their claims, if we do not hear from them in a day or two. That way we can expose them right away and stop them from doing so again in the future. Other wise, this might become a common thing for them
IV should have a own press release refuting their claims, if we do not hear from them in a day or two. That way we can expose them right away and stop them from doing so again in the future. Other wise, this might become a common thing for them
more...
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lskreddy
05-21 12:38 PM
I140 at TSC is August 26th. Several others and I have their July apps pending. Gosh, this concurrent crap without current PD is playing havoc in several of our lives..
What a nightmare and sad state of affairs.
What a nightmare and sad state of affairs.
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sorcerer666
04-21 02:37 PM
Why should only GC holders get this 'permission'? F1, J1, L1 and H1 people should also be able to get their parents. Also, add all their dependents, H4, L4(??) whatever. We can all live as a big family then. Or, just pack up and go back to India.
Its ridiculous to hear people saying that they like to live in the US because of human values here, but then talk about Indian values. Please make up your mind. It's not just my family, my siblings, my whatever..... Think outside 'your' little world.
well said!!
Its ridiculous to hear people saying that they like to live in the US because of human values here, but then talk about Indian values. Please make up your mind. It's not just my family, my siblings, my whatever..... Think outside 'your' little world.
well said!!
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lazycis
07-02 03:19 PM
If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.
It's true, here is the link:
http://www.nafsa.org/_/Document/_/uscis_consolidated_guidance.pdf
read example on page 10.
It's true, here is the link:
http://www.nafsa.org/_/Document/_/uscis_consolidated_guidance.pdf
read example on page 10.
Macaca
08-13 09:52 PM
Employment Based (EB) Green Card (GC) Laws
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)
Administrative Delays
USCIS is 90% funded by application fees and is short of resources.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)
As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
What does it mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
Those who could not file AOS will wait for several years.
EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.
If your EAD is not renewed in time, you will have to stop working,
Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
Executive and Legislative Efforts
The only solution is to change laws to increase EB GC numbers.
EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
gc_coming
07-19 04:17 PM
EB2 India - reached USCIS on July 2nd 9:05 am
