pinx
02-05 03:05 PM
soul, that is simply amazing.
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lonedesi
04-02 09:09 PM
Can any of the moderators let us know how are we doing on the count? Where do we stand as of now? How many faxes have been sent and how many are in the queue to be faxed? A quick update would be appreciated.
lazycis
02-11 04:17 PM
It looks like NC was completed. "Requirement review" means that they are trying to determine whether your marriage is still valid after all these years... Do not take it close to your heart, I found out that the USCIS letters are not very credible.
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
more...
jsb
07-25 02:02 PM
Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485
What do you say about your problem when you take InfoPass. You can't take an appointment to just ask what is happening to your case, unless several months have passed after all sorts of dates.
What do you say about your problem when you take InfoPass. You can't take an appointment to just ask what is happening to your case, unless several months have passed after all sorts of dates.
wanna_immigrate
05-22 04:23 PM
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
I might offend a few here but I see an obvious analogy and I am going to point it
Converting from legal to illegal is like in India You did not get admission through regular/normal seat so one converts himself to SC,ST, OBC(reservation) and get admission through fake certificate :) at a lower percentage and no fees
Hello ->Amigo !!
I might offend a few here but I see an obvious analogy and I am going to point it
Converting from legal to illegal is like in India You did not get admission through regular/normal seat so one converts himself to SC,ST, OBC(reservation) and get admission through fake certificate :) at a lower percentage and no fees
Hello ->Amigo !!
more...
gchopes
12-07 12:25 PM
Tried everything. Infopass, Congressman, Ombusdsman. Still over 100 days and no movement on AP. Anybody in the same boat? AP applied in TSC.
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willwin
02-19 12:11 PM
I do not get it.
As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.
You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.
But the PD has to be current to switch over.
As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.
You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.
But the PD has to be current to switch over.
more...
ck_b2001
01-26 09:32 PM
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
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greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
more...
perm2gc
05-17 09:56 AM
They asked the biggest takers of H-1B visas. They just so happened to be Indian companies, funny enough.
I don't see why you would think of the bill as insane. It weeds out the abuse clogging up an otherwise great visa program.
Ignorance is a bless...
I don't see why you would think of the bill as insane. It weeds out the abuse clogging up an otherwise great visa program.
Ignorance is a bless...
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TwinkleM
07-15 02:29 AM
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
more...
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raysaikat
04-10 12:45 AM
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
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BharatPremi
03-22 12:57 AM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
more...
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munnu77
04-13 08:43 AM
I dont think there will be any movement for May and June. July could see a big movement.
july which year...???:D
july which year...???:D
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raj2007
02-19 12:18 PM
Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
more...
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copsmart
02-21 09:50 AM
Call the regular USCIS customer support number and double check the details of the visit. If it is a genuine appointment, it could have been recorded in their system.
Also, you should talk to your Attorney to make sure such visits are legal.
Never heard of it before, strange things are happening nowadays.
BTW, is your employer a consulting firm? Do you think he could be in the visa fraud hit list?
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
Also, you should talk to your Attorney to make sure such visits are legal.
Never heard of it before, strange things are happening nowadays.
BTW, is your employer a consulting firm? Do you think he could be in the visa fraud hit list?
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
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thomachan72
05-17 09:20 AM
Give me a break! Do you know how many of these H1s procurred by the infosys / whatever will never be used during fy 08? you are right about demand and requirement etc, however, it should not be at the expense of other businesses. This policy of mass application is like getting an anticipatory bail that criminals rely on. Use it or not use it, either way you gain, right? I am not against infosys getting visas but am defenitely against mass visa applications by these and the head hunters. Why do you need middle men? are we going back to slave trading era? read the msn today and you will find an Indian couple (millionares) who kept slaves in their homes and are now behind bars. Watch the different forums and see how many complaints are comming up against the employers by software guys (not paying enough, not giving food, no paychecks for 10 months, threatening to fire /sue bla bla bla). Dont you feel sad when you read these?? I know people in software working on very very low salary. Why? think about it. Its time for the senators to really examine who claims all the H1s and I strongly support that. I even say that the H1 beneficieries salary should be linked to the INS in someway so that they immediately know when this person is not being paid or is laid off etc. Man, this is almost a mafia now.
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Gravitation
04-13 11:32 AM
May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
DSJ
06-20 01:25 PM
I was saying all those things if the reason was money. If that is not the case then I am wrong, I am not an expert in suggesting different lawyer.
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
I have no issues giving the lawyer what ever they want, if I can be assured that I will be getting good service for what I paid . If the law firm has a history of delays & screw ups etc, I do not see a reason why we have to pay hefty fees to get screwed in the end. There are a lot of stories where people have been screwed due to paralegal mistakes. We have waited so many years and I would like to control my destiny at least now. People have different opinions. Thats just how I feel.
Every one is talking about potential RFE's and seeking lawyers help in that case. What will any one do if they an free RFE after180 days of receipt notice and you are no longer with the company? What kind of RFE's are people getting if they are using EAD instead of H1B? Do they get any in the first place? Can some one who has been on EAD and received RFE's shed some light?
Thanks
nixstor
12-14 04:42 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
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