neoneo
05-05 10:57 AM
Well, following the discussion on BS and MS grads and some of the members cribbing why the MS(from US) students get special treatment, here are my 2 cents.
1) By makng sure that a person is MS they are making sure the population getting greencard is YOUNG !! , it's simple, highly educated "kids" who understand the US culture, since they have studied in US universities and have a whole life ahead of them to do good in Research etc.
Kids gel in fast for e.g if you see a person with BS and MS from the US, his behaviour is attuned to the society as compared to one who just has a MS and a BS from India.
2) On the other hand someone who has a MTech or worked 10 years in India, chances are these guys are already in their late 30's or 40's, so they are not getting the youth in, or a person who will take a lot more time to gel in the soceity as compared to the student.
3) Most importantly, they can't trust people whose degrees are not from the US. Their quality of education, their authenticity. Also, I think the quality of top 100 US univs, which most indians come to anyway, is much better than most of Indian Univs for MS. The kind of infrastructure and teaching they are exposed to is tremendous.
PS: Someone mentioned that PhD's get paid for reseach. Doing researrch is extremely demanding. I would rate it twice as demanding as a regular job! and the amount the students get is peanuts! Like ~$1500 a month for working ~ 60 hrs a week in research is hell !!
Unfortunately, in doing this you may loose some really good candidates, who may not have a US degree, but thats the price you pay "to be safe than sorry"
I think, this should help people who were complaining about this difference better understand that even though they have better profile, it's from a different country and it becomes difficult to verify that.
but, MOST IMPORTANTLY, it's in everyones( BS MS,H1,F1 ..) interest IRRESPECTIVE of the CIS or any other bill going through, the SKIL bill should make it to the floor.
1) By makng sure that a person is MS they are making sure the population getting greencard is YOUNG !! , it's simple, highly educated "kids" who understand the US culture, since they have studied in US universities and have a whole life ahead of them to do good in Research etc.
Kids gel in fast for e.g if you see a person with BS and MS from the US, his behaviour is attuned to the society as compared to one who just has a MS and a BS from India.
2) On the other hand someone who has a MTech or worked 10 years in India, chances are these guys are already in their late 30's or 40's, so they are not getting the youth in, or a person who will take a lot more time to gel in the soceity as compared to the student.
3) Most importantly, they can't trust people whose degrees are not from the US. Their quality of education, their authenticity. Also, I think the quality of top 100 US univs, which most indians come to anyway, is much better than most of Indian Univs for MS. The kind of infrastructure and teaching they are exposed to is tremendous.
PS: Someone mentioned that PhD's get paid for reseach. Doing researrch is extremely demanding. I would rate it twice as demanding as a regular job! and the amount the students get is peanuts! Like ~$1500 a month for working ~ 60 hrs a week in research is hell !!
Unfortunately, in doing this you may loose some really good candidates, who may not have a US degree, but thats the price you pay "to be safe than sorry"
I think, this should help people who were complaining about this difference better understand that even though they have better profile, it's from a different country and it becomes difficult to verify that.
but, MOST IMPORTANTLY, it's in everyones( BS MS,H1,F1 ..) interest IRRESPECTIVE of the CIS or any other bill going through, the SKIL bill should make it to the floor.
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iam4u4ever
09-28 04:30 PM
by starting a business and working for it ?
And what happens if somebody already has an existing profit making business and wants to work for it ?
And what happens if somebody already has an existing profit making business and wants to work for it ?
prioritydate
08-26 12:53 AM
:D
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
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diptam
07-04 04:51 PM
How does this thing matter - all will be rejected ...
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immigrationmatters30
11-17 06:30 PM
Done
jonty_11
01-21 01:58 PM
Not that anyone would do this purposefully...
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
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CADude
08-01 01:06 PM
Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
Now # of applications are more so it can take more time but your RD will be maintained.
Hope this helps...
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
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gkattalu
08-20 08:57 AM
My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
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kdprasad
08-13 08:01 PM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
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FrankZulu
08-20 02:37 PM
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
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lynliu
05-28 11:18 PM
Me, spouse and a friend sent emails to the above Senator and will call them tomorrow.
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Contribute >$400 to IV and signed up 2x20 monthly
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Contribute >$400 to IV and signed up 2x20 monthly
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jkays94
05-25 06:45 PM
Shouldn't IV ammend the text of the email to better reflect the negative impact of the Bernie Sander's ammendment ? The Senators (who are known for not often reading voluminous legislation in detail) may have voted with their hearts for this ammendment thinking this was going to help students in their states. I think IV members who are their constituents should have a means of letting their Senators know the effect of their actions and for those who voted against it they should be congratulated for voting against this harmful ammendment. They may have thought of this as win-win situation. Yet they may have not known the following points (read the study its detailed):
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
http://www.nfap.com/pdf/0507brief-business-immigration.pdf
U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.
For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :
The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.
Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)
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Macaca
07-08 12:33 PM
A GC is allocated after AOS application has been approved. An AOS application may not use up a GC # available in current year's quota (due to name check delays). Thus, AOS application submission is reasonably independent of currently available GC #'s.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
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dingudi
05-21 10:04 AM
All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.
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vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
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jsb
11-26 03:17 PM
I have copy of that letter but it mentions the title and salary no job desc.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
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texcan
08-25 03:47 PM
Thank you, texcan. FP may not be requierd for EAD renewal or first-time EAD? Mine is first time EAD. So, eseentially no FP yet for 485 (filed August 07) and first time EAD (this August)!
Thanks again!
your are very welcome.
Chill, relax and live everyday ( this USCIS circus is no fun).
Thanks again!
your are very welcome.
Chill, relax and live everyday ( this USCIS circus is no fun).
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aj1234567
10-04 06:16 PM
Hi
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
chi_shark
07-10 11:28 AM
so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
looks like this case actually tells me that maybe we could do self-employment easily...
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
.
TeddyKoochu
09-23 05:30 PM
Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?
Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.
Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.
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