gc_on_demand
05-01 10:41 AM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.
This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.
People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
Will you join our hands in recapture ? Will you considering contributing to IV. I will be happy if you can activlly participate in our effort.
This guy is here to divide us on one more point. People who has filled AOS VS Poeple who didnot.
People whose spouses have EAD and AP will go for it while people whose spouses doesnot have EAD AP will oppose it . This is very well game played by Anti. Be aware..
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kshitijnt
05-01 12:15 AM
I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
n2b
08-13 11:29 AM
Ok saw the Receipts - The ND is 8/4/2007 (they are working on Saturdays)
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calgirl
07-21 07:39 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
FP is mainly for E-filing folks, paper filers need not take FP.
more...
willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
reddymjm
05-05 04:24 PM
The guy Affirmatively said "It will be June 2002" and gave me red because the dates i gave were behind , Ithought it was funny because we are all playing the prediction game.....
I am thinking if I should i start a game to predict the dates, and who ever gets closest date will get few greens..... ;)
:D
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I am thinking if I should i start a game to predict the dates, and who ever gets closest date will get few greens..... ;)
:D
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
more...
chanduy9
07-03 02:08 PM
:D :D :D :D I can't stop....good humar....
if roses won't work then we all send cactus..:):)
if roses won't work then we all send cactus..:):)
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franklin
06-13 09:14 PM
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
Per my previous post:-
all I485 apps go to Nebraska http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D
Employment-Based Applications
If you are filing for lawful permanent resident status based on an offer of permanent employment in the United States, you should
submit your I-485 to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based I-485 if you are filing a Form I-140, Petition for Alien Worker, concurrently with
your I-485, or an I-485 filing based on a pending or an approved Form I-140.
They then get forwarded to the correct place
more...
desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
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english_august
07-09 11:13 AM
I guess I saw a mistake on the writing....
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007
It is June 13th not July13th the first visa bulletin sent out by DoS.
Thanks
Chandra
Thanks arumalla. I will fix it right away.
more...
rogerdepena
09-27 12:16 PM
i got an email from CRIS today. thanks for making my day CRIS. lol.
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sayonara
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
Congrats - Did u file on July 2nd?
Congrats - Did u file on July 2nd?
more...
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pyaradesi
07-20 10:27 PM
Dear EB2 guys,
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Because boss takes credit for all your hard work.
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Because boss takes credit for all your hard work.
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
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nk2006
10-05 02:45 PM
nk2006,
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
more...
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simple1
05-01 04:42 PM
great, thanks to lost_in_migration for posting INA.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
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probe
09-12 02:52 PM
My I-140 approved from TSC. I had sent my I-485 to NSC and I was expecting my application will be transferred to TSC.But, I received receipt from NSC.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
more...
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jasmin45
07-11 08:26 PM
Excellent Dude! .. that is what we need to do... youtube/google all the videos related to this campaign.... Few areas of improvements to be noted synchronization between visuals and the vocals... and it also ended abruptly..
If possible, please try to get this straight and youtube it again...
If possible, please try to get this straight and youtube it again...
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apahilaj
12-19 12:56 PM
See signature
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ita
07-26 03:03 PM
Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)
http://immigrationvoice.org/forum/showthread.php?t=20452
But I was just curious about how you came to know that approximately 500 letters have gone by now?
Thank you
http://immigrationvoice.org/forum/showthread.php?t=20452
But I was just curious about how you came to know that approximately 500 letters have gone by now?
Thank you
kg318
04-25 10:44 AM
[QUOTE=kg318;242627]
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
H1Girl
04-30 01:01 AM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
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