rajuseattle
01-14 06:45 PM
Mohican,
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
I never heard about I-140 substitution. Are you sure your employer request USCIS to change the name of the beneficiary on the approved I-140?
As far as I know I-140 is the petition by an Employer for an individual Employee, so it goes with 1 person and can not be substitute.
Employer can revoke I-140 or use the underlying labor for some other individual.
It may have been the case that USCIS by mistake approved 2 I-140 for the same labor and when they realise their mistake they denied your I-485 suggesting someone else already used the underlying Labor certification.
I guess your original employer as well as USCIS are at fault. I dont think AC-21 provisions will help you either, bcos the USCIS rule is 1 beneficiary for 1 labor, their can not be multiple beneficiaries for 1 approved Labor.
Please consult your situation with the experienced attorney and see if you can file MTR, since its not your fault and you are suffering due to USCIS/Employer mistakes for using 1 labor for 2 I-140 approvals.
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BharatPremi
05-29 09:31 PM
... People in France speak in French even when they clearely see that the passanger does not understand French and has no clue to the happennings ....
.
That is the general norm of many countries and cultures except South Asia where people are so enslaved by English that now we have lost the ability to understand this basic norm of human culture. We are the only people (South Asians)on earth who take pride speaking in foreign languages particularly English and not speaking in our own languages. Europeans, Japaneses, Chinese, Americans, Canadians, Arab countries all take pride speaking in their own languages.
.
That is the general norm of many countries and cultures except South Asia where people are so enslaved by English that now we have lost the ability to understand this basic norm of human culture. We are the only people (South Asians)on earth who take pride speaking in foreign languages particularly English and not speaking in our own languages. Europeans, Japaneses, Chinese, Americans, Canadians, Arab countries all take pride speaking in their own languages.
walking_dude
09-20 12:01 PM
Paskal,
Personally, I feel state chapters is a not-working concept. Having bigger chapters like TriState, Midwest... and better still 'East Coast chapter' is a face saver until we have sufficient numbers. There should we a minimum threshold say 40-50 [I'm keeping it low] members to sanction a state chapter.
I question why there should even be a MI chapter, when there are hardly 3-4 (am I exaggerating?) active members and the newsgroup is dead for all purposes? It's depressing and demotivating. We are better off in bigger regional groups until we have sufficient numbers to justify a chapter [ supply to follow demand, and not vice versa].
Right now, active members in not-so-active state chapters feel abandoned. They don't have an active chapter, and active chapters in other states don't want them ( go to your own). For e.g in there was no MI chapter, I would be a member of Midwest chapter or East Coast chapter, adding numbers to those.
they were not formed at the last moment in most cases
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
Personally, I feel state chapters is a not-working concept. Having bigger chapters like TriState, Midwest... and better still 'East Coast chapter' is a face saver until we have sufficient numbers. There should we a minimum threshold say 40-50 [I'm keeping it low] members to sanction a state chapter.
I question why there should even be a MI chapter, when there are hardly 3-4 (am I exaggerating?) active members and the newsgroup is dead for all purposes? It's depressing and demotivating. We are better off in bigger regional groups until we have sufficient numbers to justify a chapter [ supply to follow demand, and not vice versa].
Right now, active members in not-so-active state chapters feel abandoned. They don't have an active chapter, and active chapters in other states don't want them ( go to your own). For e.g in there was no MI chapter, I would be a member of Midwest chapter or East Coast chapter, adding numbers to those.
they were not formed at the last moment in most cases
what makes you think people participate in those? from personal experience
in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...
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americandesi
08-09 02:06 PM
go_guy123, since you have MS+MBA, you should seriously consider applying for US GC in EB1 category. I know a friend who had similar qualifications and he got this EB1 GC approved within a year. You need not be in US to apply in EB1 and you can do all the paperwork in Canada via consular processing. My .02 cents.
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JunRN
09-13 09:42 PM
Republicans chose VP just to give them the edge. It doesn't matter to them if the VP-nominee is qualified or not or can be President in a heartbeat or not.
Selection of Cheney as VP lead to the outpour of financial support from oil and construction industries. More money, more power, more ads. They are playing dirty politics. So dirty.
Obama atleast has fundamental values that makes him a leader. Young as he is, inexperienced as he is, means he is not polluted by this dirty politics.
I'm really, really scared for all of us immigrants if McCain wins this election. When a Republican president is under control of the elites, that creates terror from within.
Maybe in the future when he is president, an i-485 denial notice for a person with no underlying status will be delivered personally by ICE officer, put a handcuff on the person, and straight to detention until the next flight back home. That will be the situation if we get a President under the control of few elites, extreme anti-immigrant, powerful Republicans.
McCain already backed-out from his CIR stance. He said categorically that if the same CIR, which he co-sponsored and voted YES, is put on vote today, he will vote "NO".
I got 2 red dots for speaking my mind above. Here are the comments given by those giving red dots to me:
Do not screw up your GC by posting such comments.. delete them if you will to be safe. Admin
Your comments may screw your GC Chances. .delete them admin
First of all, who is "admin"? Is he the administrator of this forum or just someone disguising as admin?
Secondly, if these comments were true, are USCIS reading our posts and can deny my GC application due to my political beliefs and opinions?
Thirdly, if USCIS IO call "IV Admin" and ask for my IP address, will the "IV admin" give it even without my knowledge and even without court order?
Lastly, I apply for a GC in the US because I know I can freely express my mind and opinion. US is not a communist country. If because of what I said here, US will not grant me a GC, then I will fight for my rights.
Selection of Cheney as VP lead to the outpour of financial support from oil and construction industries. More money, more power, more ads. They are playing dirty politics. So dirty.
Obama atleast has fundamental values that makes him a leader. Young as he is, inexperienced as he is, means he is not polluted by this dirty politics.
I'm really, really scared for all of us immigrants if McCain wins this election. When a Republican president is under control of the elites, that creates terror from within.
Maybe in the future when he is president, an i-485 denial notice for a person with no underlying status will be delivered personally by ICE officer, put a handcuff on the person, and straight to detention until the next flight back home. That will be the situation if we get a President under the control of few elites, extreme anti-immigrant, powerful Republicans.
McCain already backed-out from his CIR stance. He said categorically that if the same CIR, which he co-sponsored and voted YES, is put on vote today, he will vote "NO".
I got 2 red dots for speaking my mind above. Here are the comments given by those giving red dots to me:
Do not screw up your GC by posting such comments.. delete them if you will to be safe. Admin
Your comments may screw your GC Chances. .delete them admin
First of all, who is "admin"? Is he the administrator of this forum or just someone disguising as admin?
Secondly, if these comments were true, are USCIS reading our posts and can deny my GC application due to my political beliefs and opinions?
Thirdly, if USCIS IO call "IV Admin" and ask for my IP address, will the "IV admin" give it even without my knowledge and even without court order?
Lastly, I apply for a GC in the US because I know I can freely express my mind and opinion. US is not a communist country. If because of what I said here, US will not grant me a GC, then I will fight for my rights.
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04-29 02:11 PM
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04-29 01:52 AM
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GCUser1
08-05 12:38 AM
Please don't go to Law Offices of Mona T. Movafaghi, Merrimack, NH ..She accepted my case two weeks back and charged $4000 same day. She hasn't filed my case yet. She is not even responding to my phone call and she is NOT commiting anything. I couldn't come out of her, so much of frustration .....
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poorslumdog
03-28 03:02 PM
Please Donate to IV Advocacy or particpiate in the Advocacy in person. Thsi si for your own benefit and you are working for your own green card
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yoda
09-21 11:09 AM
Let us give IV Core a few more days to think through and recommend the next course of action. Many must have returned home from DC only yesterday after being present even on Wed. after the majority of us had returned.
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factoryman
02-12 11:49 AM
The American Academy of Nursing is NOT in poor light. Did you read their prescription for the nurses staffing and issues related to it?
With comments like these, we are digging our own grave. The issue is retrogression and not hopital and health care economics. I pay USD 14000 for a family of four and by god's grace, never been to one.
I know may of these nurses who are being exploited by the bodyshops like HLG. They pay a meagre salary to nurses and exploit them on signed contract. Please, please.. use your brains minus emotion.
May 26, 2006
Letters to the Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Re: "U.S. Plan to Lure Nurses May Hurt Poor Nations" (Celia W. Dugger, May 24, 2006)
Addressing the U.S. nursing shortage is critical to providing quality health care, and the American Academy of Nursing (AAN) is working to identify ways to ease this shortage within our own boarders.
Your article addressed the fact that the capacity at the nation's nursing schools is limited and therefore applicants are turned away. Student capacity at nursing schools could be expanded by increasing the number of doctorally prepared faculty and making sure institutions offer the necessary pre-requisite courses for potential nurses to increase the pool of qualified applicants.
More must be done to retain qualified nurses by improving the working environment. The AAN has commissioned a task force to identify ways to have technology aid us in reducing the administrative workload of nurses in order to allow more time for patient care.
Before we look elsewhere, there is more we can do in the United States to recruit and retain talented nurses.
Sincerely,
Linda Burnes Bolton, DrPH, RN, FAAN
President
American Academy of Nursing
American Academy of Nursing (http://www.aannet.org/news/2006/06022006.asp)
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
With comments like these, we are digging our own grave. The issue is retrogression and not hopital and health care economics. I pay USD 14000 for a family of four and by god's grace, never been to one.
I know may of these nurses who are being exploited by the bodyshops like HLG. They pay a meagre salary to nurses and exploit them on signed contract. Please, please.. use your brains minus emotion.
May 26, 2006
Letters to the Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Re: "U.S. Plan to Lure Nurses May Hurt Poor Nations" (Celia W. Dugger, May 24, 2006)
Addressing the U.S. nursing shortage is critical to providing quality health care, and the American Academy of Nursing (AAN) is working to identify ways to ease this shortage within our own boarders.
Your article addressed the fact that the capacity at the nation's nursing schools is limited and therefore applicants are turned away. Student capacity at nursing schools could be expanded by increasing the number of doctorally prepared faculty and making sure institutions offer the necessary pre-requisite courses for potential nurses to increase the pool of qualified applicants.
More must be done to retain qualified nurses by improving the working environment. The AAN has commissioned a task force to identify ways to have technology aid us in reducing the administrative workload of nurses in order to allow more time for patient care.
Before we look elsewhere, there is more we can do in the United States to recruit and retain talented nurses.
Sincerely,
Linda Burnes Bolton, DrPH, RN, FAAN
President
American Academy of Nursing
American Academy of Nursing (http://www.aannet.org/news/2006/06022006.asp)
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
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amitps
09-21 08:19 AM
I don't personally think we had much media coverage except some hidden links, can we post some paid adds where everyone can get know what we are addressing in here i.e., on the front page of google, yahoo, msn, cnn, etc. I know some people might have second thoughts as it involves $ but I'm ready for it to get public attention. There is a thin line between legal and illigal and they are ready to club both together for their benefits. I'm starting to wonder how many people know what is going on, we have to educate them first.
Just to give everyone an idea, the cost of the 300x25 ad on MSN Homepage is $300,000 - $800,000 for 24 hrs. The range varies based on timing, day of the week, seaonality etc.
For the holiday season, it will be about $700-$800K.
Just to give everyone an idea, the cost of the 300x25 ad on MSN Homepage is $300,000 - $800,000 for 24 hrs. The range varies based on timing, day of the week, seaonality etc.
For the holiday season, it will be about $700-$800K.
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anu_t
06-20 08:46 AM
as per http://www.shusterman.com/, democrats are up to restore family and employment immigration and eliminate point system
that's a good news for people like me who has yet to file for Labour. Right?
that's a good news for people like me who has yet to file for Labour. Right?
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JazzByTheBay
09-12 10:49 AM
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SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
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HopeSprings
09-26 12:46 AM
Hope Spring,
Can you back your post with any links?
I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .
GCCovet
GCCovet,
It seems, you are right. One can possibly use H1 after using AC21. The incorrect post has been pulled back. Sorry, for the confusion.
Can you back your post with any links?
I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .
GCCovet
GCCovet,
It seems, you are right. One can possibly use H1 after using AC21. The incorrect post has been pulled back. Sorry, for the confusion.
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eager_immi
02-13 02:27 PM
Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called �IV bashing thread� and let the rest of us completely ignore them.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. There are other factors.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. There are other factors.
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chanduv23
09-21 04:43 PM
I would say - lets not discuss these anymore. For a lot of people - this could be an eye opener.
We will get more people now, so lets not continue this thread
We will get more people now, so lets not continue this thread
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Dakota Newfie
03-21 04:16 PM
Not entirely correct. When as you say this country treats all Employment based immigrants equally, why set quotas, why distinguish between EB1, EB2 EB3 etc.
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
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gsc999
11-08 11:33 AM
Democrats will hopefully move in the right direction.
- Some uphappy soul is so frustrated after the result of the recent elections that it is posting trash on these forums. You know who it is ;) Take a deep breath buddy and let the reality sink in.
- We are trying to teach you a lesson by not voting for you. lol :D yeah right.
- These anti-immigrant proponents were predicting a status-quo in the house by defeating any pro-immigrant candidate.
You can't win both ways. It just shows weak logic and confused head.:rolleyes:
- Some uphappy soul is so frustrated after the result of the recent elections that it is posting trash on these forums. You know who it is ;) Take a deep breath buddy and let the reality sink in.
- We are trying to teach you a lesson by not voting for you. lol :D yeah right.
- These anti-immigrant proponents were predicting a status-quo in the house by defeating any pro-immigrant candidate.
You can't win both ways. It just shows weak logic and confused head.:rolleyes:
Jaime
09-14 01:21 PM
Today! Today! Today!
Today you make up your mind to attend the rally!
We are your IV friends!!! Come join us in DC and change what's wrong! et's go together and fight for our hard-earned Green Cards!!!!
Today you make up your mind to attend the rally!
We are your IV friends!!! Come join us in DC and change what's wrong! et's go together and fight for our hard-earned Green Cards!!!!
kaisersose
07-14 12:21 PM
Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030
Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481
Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806
See the link below for reference:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table06d.xls
Exactly what I was saying.
Until 2007, a large number of unused visa numbers were going to EB3-ROW. Now they will go to EB2 India/China due to the revised interpretation by DOS as posted by Gotcher sometime ago.
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030
Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481
Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806
See the link below for reference:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2007/table06d.xls
Exactly what I was saying.
Until 2007, a large number of unused visa numbers were going to EB3-ROW. Now they will go to EB2 India/China due to the revised interpretation by DOS as posted by Gotcher sometime ago.
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