vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
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spicy_guy
11-08 08:43 PM
No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
almost 8 month to finish all the requirements before the company could actually file the labor application.
I hope this answers your question.
Thanks for the reply. 8 or 10 months. Its still worth it. You did the right thing. Congrats and good luck!
nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
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vin13
03-12 01:08 PM
Dear Vin13,
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
Thanks for the idea. May I request you to please inform every one here, number of hours that you can spend volunteering for IV? I ONLY contributed DOLLARS, but never contributed TIME and I feel ashamed of that. There are many people who have contributed both dollars and time.
If you promise some time volunteering to IV for all the ideas that you listed, I am PROMISING to contribute DOLLARS for you. Are you ready? If so, please send email to IV core.
Thanks again for the idea.
Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support.
I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.
more...
tikka
07-05 01:34 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
dante1271
07-20 08:03 PM
Stop Showing These Numbers, Assumptions... Alright You're Good In Mathematics.. #@#~! Vb Or C#... Whatever... Give Those People At Uscis The Benefit Of The Doubt... I Think They're Not That Dumb Like What You Think... Maybe You're Not Happy With You're Employer...cant Wait To Leave...
more...
nlssubbu
10-01 04:20 PM
A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.
Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.
May be they should have two cut-off days instead of one like this:
1. One for receiving applications beyond that date.
2. Another for approval.
This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.
I think change has to come from the legislation wing to amend the procedure in USCIS.
Thanks
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saveimmigration
09-10 07:56 PM
I greatly appreciate people doing visa number math. But guys, you are wasting your time. These guys dont do any math nor logic in the process.
agree none cares
agree none cares
more...
sushilup
07-11 08:28 AM
I agree with tnite
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
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hebbar77
09-10 06:08 PM
I was hopeful of GC soon. Now with OCT bulletin, I will let the GC come(or not) and use my EAD to get on with my life.
Let anyone bullshit with PDs etc.
Let anyone bullshit with PDs etc.
more...
glamzon
07-20 02:54 PM
^^^^^^^ is this true?
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needhelp!
09-12 03:02 PM
http://www.prleap.com/pr/93560/
http://www.express-press-release.com
http://www.texas-press-release.com
http://www.pressmethod.com/releasestorage/22524.htm
http://www.free-press-release.com/news/200709/1189618576.html
http://www.i-newswire.com
http://www.express-press-release.com
http://www.texas-press-release.com
http://www.pressmethod.com/releasestorage/22524.htm
http://www.free-press-release.com/news/200709/1189618576.html
http://www.i-newswire.com
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amitjoey
07-05 05:13 PM
already done that
Ok, I guess then you could call other senators.
Ok, I guess then you could call other senators.
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9years
10-22 10:21 AM
Hi All,
How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.
Best of luck to all.
How much time total process takes I think case by case. In my case it took around a year( from request to sponsor Eb2 to I-140 approval (premium processing). I had no perm auditing. I had no RFE on I-140. I filed my EB2 with the same employer.
Best of luck to all.
more...
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jasmin45
09-08 02:17 PM
Based on my research on net and discussion with economic savy friends and my own limited knowledge in economics, by any calculation, real-estate in India is going to be in deep trouble. It will be a uncalculated gamble to invest in realty at current prices in India just because the commitment is large and long term with 0 visibility
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
I agree! I would't invest in India either. I believe awareness about these facts will save atleast few folks from being duped of hard earned money.
Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.
http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita
Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).
There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.
I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.
That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.
I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.
Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)
I agree! I would't invest in India either. I believe awareness about these facts will save atleast few folks from being duped of hard earned money.
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andy garcia
10-01 11:28 AM
Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.
Can the IV community do some thing to improve the whole situation?
Thanks h1techSlave;
I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
just because I said so.
Remember that this system was designed back when there was one single queue.
You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.
Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued
more...
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seahawks
07-17 11:42 PM
receipt date if your PD is current.
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amitjoey
07-19 11:19 AM
Do you know Aman spent $64000+ in the past 18 months for IV?
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Cancel your $50 recurring and sign up for $100 recurring.
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Cancel your $50 recurring and sign up for $100 recurring.
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immi_twinges
07-20 04:02 PM
Senator Kennedy gave big speeches on immigration.
he talks about amnesty to people who stayed illegally for 10 years
How about staying legally for 10 years...
The Democrats falsely accused the anti-amnesty forces of "opposing immigration" and "racism." Actually more Democrats voted Nay.
I though Kennedy was pro immigration...looks like he just cares about illegal immigration..
Lets ask the so called pro immigration senators who voted naey...why they did it
Arent they aware of the USCIS wasting so many visas and plight of legal immigrants
They want to convert illegals to legal...
Lets ask them to First fix the Legal immigration:mad:
he talks about amnesty to people who stayed illegally for 10 years
How about staying legally for 10 years...
The Democrats falsely accused the anti-amnesty forces of "opposing immigration" and "racism." Actually more Democrats voted Nay.
I though Kennedy was pro immigration...looks like he just cares about illegal immigration..
Lets ask the so called pro immigration senators who voted naey...why they did it
Arent they aware of the USCIS wasting so many visas and plight of legal immigrants
They want to convert illegals to legal...
Lets ask them to First fix the Legal immigration:mad:
ssnd03
04-02 12:57 PM
For the green card, I'll bet you I'll get it next month.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
eb3_nepa
07-05 02:28 PM
Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.
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