siddhu98
08-17 10:12 AM
EB2 India - PD June 2006
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
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amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
BharatPremi
12-13 10:29 PM
It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
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syzygy
09-23 02:28 AM
I have sent close to 10 emails putting subject
"Proposal to alleviate current US economic crisis"
I hope I am doing right..
"Proposal to alleviate current US economic crisis"
I hope I am doing right..
more...
iv_only_hope
07-21 09:20 PM
Ron gotcher says dates will go back yesteryears:
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
zCool
05-11 10:13 AM
Takes 4 years to get Aussie citizenship now..
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
Citizenship is not a toll-pass.. you are taking an oath to be loyal to 1 country.. you are giving up another.. I think GC backlog is messing up with folks' heads.. the cavelier attitude abt things like citizenship etc.. :)
more...
yetanotherguyinline
09-04 07:59 PM
yetanotherguyinline,
You may not care, but many members do care about what's happening in India.
I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.
I will probably not respond to future posts but I request admins to consider closing and deleting this thread.
You may not care, but many members do care about what's happening in India.
I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.
I will probably not respond to future posts but I request admins to consider closing and deleting this thread.
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p_aluri
12-14 03:41 PM
I would say this is not going to work for us!
There is country quota for each and every country excluding USA..
if we argue that there is no quota for countries belongs to ROW,The government can agrue that spill over has happened from under subscribed countries(Below 7% country limit) to over subscribed countries(above 7% country limit) within in the ROW.
This is the common way of allocating..
Just my opinion..
There is country quota for each and every country excluding USA..
if we argue that there is no quota for countries belongs to ROW,The government can agrue that spill over has happened from under subscribed countries(Below 7% country limit) to over subscribed countries(above 7% country limit) within in the ROW.
This is the common way of allocating..
Just my opinion..
more...
AirWaterandGC
05-10 07:13 AM
Does anyone have a comment on this ?
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
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poorslumdog
05-03 01:23 AM
:D:D:D
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
more...
saketkapur
07-04 12:29 PM
Application for 1 person:
1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
2. AP+EAD = $350(170+180).....paid by me
3. I-485 = $395..........paid by company
6. Fedex = $60...........paid by me
7. Medical = $170(no shots needed except TB test)....paid by me
So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)
And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........
So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.
Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.
1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
2. AP+EAD = $350(170+180).....paid by me
3. I-485 = $395..........paid by company
6. Fedex = $60...........paid by me
7. Medical = $170(no shots needed except TB test)....paid by me
So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)
And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........
So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.
Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.
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amar123
07-03 11:18 PM
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)
more...
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jsb
06-03 04:24 PM
All that is too complicated and it shows nothing except that USCIS is incompetent.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.
Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.
Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.
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vivid_bharti
09-04 10:54 AM
If Chrandrababu Naidu hadn't happened to AP, AP was like Bihar, Orrissa...Naxal hit & poor.
more...
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ksrk
09-15 06:30 PM
Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.
But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.
But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.
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Openarms
08-17 11:53 AM
These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.
more...
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truthinspector
07-16 05:01 PM
I am working with my company for last 3 yrs on H1-B. I have an approved I-140 and I am filed under EB3.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
My H1 expires soon and the employer is going to apply for an extension. After that, they plan to file a new labor for me in EB2 and port the EB3 PD; once the EB2 I-140 is approved. My current title is "Software Engineer". They plan to file me as "Senior Software Engineer". My experience before joining my current employer was 7 yrs.
Is this a legally advisable/feasible scenario? I do have EAD and want to make sure I keep my options open. Given the current scenario, it may take a while to get the new EB2 labor and I140 approved.
Is there is a risk to my existing approved I-140 in this?
Please advise.
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ramus
07-03 04:52 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
Dear Senator,
After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.
On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.
This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.
Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.
Thank You,
Sincerely,
Dear Senator,
After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.
On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.
This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.
Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.
Thank You,
Sincerely,
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andycool
09-17 07:46 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
sukhwinderd
05-25 12:07 PM
http://www.notcanada.com/
you are much better of in india if you cant get GC in the US.
you are much better of in india if you cant get GC in the US.
mbawa2574
02-14 01:34 PM
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
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