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  • rkg000
    09-05 08:42 PM
    Yo breddy2000, nobody is calling you names man, but you are getting personal. Is YSR your father ?????.





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  • qualified_trash
    06-21 03:11 PM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi
    very true ..................... but it is legal so ......... maybe we should all use it.

    I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

    He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.





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  • WeShallOvercome
    07-10 12:41 PM
    I got my canadian PR early this year and have another 3 months to land. I think other companies will follow MSFT and there will be a lot of consulting companies to support them as well. Some more avenues for Desi companies to exploit employees but I guess since we don't need to depend on employers to get our PR, they may not have their way the way they do here in the US.





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  • conchshell
    07-29 02:41 PM
    I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)

    Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.



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  • tikka
    07-03 09:36 PM
    This is strickly media drive thread.. please only post related to media drive..

    Thanks..

    sorry :D

    this one time pls allow us to post contribution thread here..





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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.



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  • nozerd
    05-11 04:34 PM
    Depends on your income and number of kids. Check http://www.cra-arc.gc.ca/benefits/cctb/faq_payments-e.html for more info. Some details below.

    CCTB: Calculation and payment information
    When are Canada Child Tax Benefit (CCTB) payments made?
    I did not receive my CCTB payment this month. What should I do?
    How do I tell the CRA about my change of address?
    Can I start getting my CCTB payments by direct deposit?
    How do I change my banking information if I receive my payments by direct deposit?
    What happens to CCTB payments if the recipient dies?
    When do we recalculate your CCTB?
    What happens if you owe money for CCTB?
    How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    What determines the maximum payment for the National Child Benefit Supplement (NCBS)?
    Do the Child Care Expenses that I claim on my 2005 income tax return affect my CCTB?

    --------------------------------------------------------------------------------

    1. When are Canada Child Tax Benefit payments made?
    Benefits are paid over a 12-month period from July of one year to June of the next year. Generally, payments are made on the 20th of each month or, if your annual entitlement is less than $120, we will send it all in one payment on July 20th.

    CCTB and integrated payment* dates

    July 20th, 2006
    August 18th, 2006
    September 20th, 2006
    October 20th, 2006
    November 20th, 2006
    December 13th, 2006
    January 19th, 2007
    February 20th, 2007
    March 20th, 2007
    April 20th, 2007
    May 18th, 2007
    June 20th, 2007

    * Note: Integrated payments include the BC Family Bonus, the New Brunswick Child Tax Benefit, the Newfoundland and Labrador Child Benefit, the Northwest Territories Child Benefit, the Nova Scotia Child Benefit, the Nunavut Child Benefit, the Saskatchewan Child Benefit, and the Yukon Child Benefit.

    The Alberta Family Employment Tax Credit is issued twice a year, in July and January. The payments will be issued on July 27, 2005, and January 27, 2006, for the 2004 base year.

    For more information regarding our benefit programs, please visit the Canada Child Tax Benefit (CCTB) page.

    2. I did not receive my Canada Child Tax Benefit payment this month. What should I do?
    We generally pay your benefit on the 20th of each month. If your payment does not arrive on that day, please wait five working days before calling us at 1-800-387-1193.

    3. How do I tell the CRA about my change of address?
    See How to change your address.


    Top of page4. Can I start getting my Canada Child Tax Benefit (CCTB) payments by direct deposit?
    You can have your CCTB payments deposited directly into your account at a financial institution. To start direct deposit, complete the "Direct deposit" section on Form RC66, Canada Child Tax Benefit Application, or send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    If for any reason we cannot deposit a payment into your account, we will mail a cheque to you at the address we have on file.

    5. How do I change my banking information if I receive my payments by direct deposit?
    If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    6. What happens to Canada Child Tax Benefit (CCTB) payments if the recipient dies?
    If an individual dies who was receiving CCTB payments for a child, the child's new caregiver should contact us and give us the date of the recipient's death.

    We may still send out a payment after the date of death because we are not aware of the death. If this happens, please return the payment to us with a brief letter of explanation. See our listing of CRA offices for the one nearest you.

    If you are the surviving spouse or common-law partner of the deceased individual and you lived with that person at the time of his or her death, in most cases you won't have to complete a new CCTB application. If certain requirements have been met, the children will be automatically transferred to your account.

    If you are any other caregiver (such as grandparent or guardian), you will have to complete Form RC66, Canada Child Tax Benefit Application, and send it to us.

    Note
    If you are the new caregiver and the deceased individual was receiving payments under provincial or territorial child benefit programs that we administer, you do not have to apply separately to qualify for these payments. We will use the information from Form RC66 to determine if you are eligible for these programs.


    Top of page7. When do we recalculate your CCTB?
    We will recalculate your benefit and send you a Canada Child Tax Benefit Notice showing our revised calculation:

    every July based on the returns that you and your spouse or common-law partner filed for the previous year;
    after each reassessment of either your or your spouse or common-law partner's return that affects the calculation of your benefit;
    after a child for whom you receive the CCTB turns 18 (the last payment you will receive will be for the month of his or her birthday); and
    after you tell us about changes to your situation that could affect your benefit (see When to contact us about your CCTB).
    8. What happens if you owe money for CCTB?
    If a recalculation shows that you were overpaid CCTB, we will send you a notice to advise you of the balance owing. We may keep all or a portion of future CCTB payments, income tax refunds, or goods and services/harmonized tax credit (GST/HST) credits until the balance is repaid.

    9. How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    You can use our new online service to get an estimate of your benefits.

    Your CCTB payments for the 12 - month period of July 2006 to June 2007 are calculated using the following information:

    The number of children you have;
    Your province or territory of residence;
    Your 2005 family net income;
    Your or your spouse or common-law partner's claim for child care expenses for 2005; and
    Your child's eligibility for the Child Disability Benefit.
    Basic benefit:

    The basic benefit is $1,255 ($104.58 a month) for each child under age 18 (the basic benefit is different for residents of Alberta, see the note below).
    There is a supplement of $88 ($7.33 a month) for your third and each additional child.
    There is a supplement of $249 ($20.75 a month) for each child who is six years of age. This supplement is reduced by 25% of any amount you or your spouse or common-law partner claimed for child care expenses on your income tax return. Eligible families with children under six years of age will receive the new Universal Child Care Benefit.
    We subtract a benefit reduction from this amount if your family net income is more than $36,378. For a one-child family, the reduction is 2% of the amount of your family net income that is more than $36,378. For families with two or more children, the reduction is 4%.
    Note
    The Alberta provincial government has chosen to vary the amount of the basic benefit that its residents receive. The basic benefit is:

    $1,147 ($95.58 a month) for children under 7;
    $1,225 ($102.08 a month) for children 7 to 11;
    $1,373 ($114.41 a month) for children 12 to 15; and
    $1,452 ($121.00 a month) for children 16 or 17.
    National Child Benefit Supplement (NCBS):

    One-child family: $1,945 a year ($162.08 a month). This amount is reduced by 12.2% of the amount of family net income that is more than $20,435.
    Two-child family: $1,720 a year ($143.33 a month). This amount is reduced by 22.9% of the amount of family net income that is more than $20,435.
    Three-or-more-child family: $1,637 a year ($136.41 a month). The total will be reduced by 33.2% of the amount of family net income that is more than $20,435.
    Note
    If you are on social assistance, the NCBS may affect the amount of your social assistance payments. Many provinces and territories will consider the NCBS you get as income and will adjust your basic social assistance by this amount.




    Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.





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  • vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.



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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...





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  • makemygc
    06-28 12:37 PM
    For July 485 filing, can I send papers in Saturday June 30th ?
    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)



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  • immi_seeker
    09-17 01:13 PM
    I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.

    Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?





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  • zbd
    10-18 11:36 PM
    I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
    Please advise.



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  • soma
    02-14 03:34 PM
    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...

    same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!





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  • vivid_bharti
    05-01 05:27 PM
    Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor



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  • amar123
    07-03 11:49 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!





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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.



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  • willwin
    07-29 09:48 AM
    And this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.

    Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:

    1. Minimum of 15,000-20,000 EB visas are available.

    2. They have closed EB-3 quota.

    3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.

    If FB is factored in Sep quota (and if there are still 20K EB left) then there is a likely chance of EB3 ROW becoming available.





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  • ArkBird
    03-30 02:17 AM
    Agreed but consider the other options. Lalu? Mulayam?? Mayawati???

    I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(

    Snathan,Arkbird

    Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.

    Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.

    All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.

    MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
    I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.





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  • logiclife
    06-28 08:14 PM
    Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.

    Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.

    And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.





    fide_champ
    08-17 12:10 PM
    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.

    let's focus our discussion on the immigration system only. There are many policy holes in the indian system which might take ages to fix but i think one day we will get there. let's remember that our country india is only 62 years old.

    I wonder how come they ignored all other details and went only by the last name alone while interrogating SRK. it's a little strange and they are not telling us something here.





    vdlrao
    07-25 07:55 PM
    See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.