rssb
01-26 07:02 AM
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
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goosetavo
11-04 03:01 AM
For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.
Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.
As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.
As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.
What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
GCard_Dream
12-12 01:33 PM
Canada is certainly an attractive option. Economy is booming in Canada right now but not so much in IT if that's the field you are in. You can do a job search on monster.ca to see what kind of opportunities are available.
Now the best thing about Canada is that you'll have more certainty in your life and you won't be stuck to one employer for years trying to get through GC log jam. While it may be acceptable for some, some of us may be getting to a tripping point and considering alternatives is becoming a necessity.
You can learn all about Canadian immigration at http://www.cic.gc.ca/ . It's so simple that even cave man can do it. You don't need a lawyer or anything. You can always hire one, however.
It is all based on point system and if you have been working in US, I don't think you should have any problem meeting the point system requirements.
FOOD FOR THOUGHT GUYS.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Now the best thing about Canada is that you'll have more certainty in your life and you won't be stuck to one employer for years trying to get through GC log jam. While it may be acceptable for some, some of us may be getting to a tripping point and considering alternatives is becoming a necessity.
You can learn all about Canadian immigration at http://www.cic.gc.ca/ . It's so simple that even cave man can do it. You don't need a lawyer or anything. You can always hire one, however.
It is all based on point system and if you have been working in US, I don't think you should have any problem meeting the point system requirements.
FOOD FOR THOUGHT GUYS.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
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Chiwere
06-12 05:01 PM
Don't have to apologize for the illegal remark. It is a matter of perspective anyways. Maybe the people "Illegal" in the true sense are the ones acting as gatekeepers now. My handle is a tip of the hat to Chiwere Indians -
"Nebraska...derived from a Chiwere word that means �flat water..."
"Nebraska...derived from a Chiwere word that means �flat water..."
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rvangipuram
08-22 11:20 AM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
This is what I found on immigration-law.com
raysaikat
07-19 09:33 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
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shana04
01-04 03:35 PM
Poor Guy
2010 Wallpapers, Droid Gallery
slowwin
05-15 08:49 AM
Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.
Eb1, Eb2 will be out of the 140,000 pool. That would free up many visas for row and retrogressed countries.
So all in all, this bill is a good bet:D
Eb1, Eb2 will be out of the 140,000 pool. That would free up many visas for row and retrogressed countries.
So all in all, this bill is a good bet:D
more...
gcsim
06-05 09:33 AM
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead
Just a query how did you came up with the date of April 2005.
Just a query how did you came up with the date of April 2005.
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morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
more...
ilovestirfries
06-27 03:30 PM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
When I think, you guys have reached the bottom of madness, you keep digging deeper...As such there is enough madness with INS in allowing every tom, dick and harry who filed in 2007 to be on par with those poor souls who have been waiting since 2002/2003/2004...And add to that fact that, you already got approved...And you want those poor souls who waited long enough, to wait for those lucky 2007 filers...Can your suggestion get any madder? :eek:
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
When I think, you guys have reached the bottom of madness, you keep digging deeper...As such there is enough madness with INS in allowing every tom, dick and harry who filed in 2007 to be on par with those poor souls who have been waiting since 2002/2003/2004...And add to that fact that, you already got approved...And you want those poor souls who waited long enough, to wait for those lucky 2007 filers...Can your suggestion get any madder? :eek:
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mybid2003
11-10 09:43 AM
I recently moved from NC to PA. I have not yet received my FP notice at my old address. Is it possible to have this changed to PA? Is reschedule possible? Can someone please respond?
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Daisy
12-20 11:00 AM
This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!
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zCool
01-03 07:10 PM
polygamy is not recognised under US immigration laws!
It's illegal to marry more than 1 person here..
It's illegal to marry more than 1 person here..
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pictures Rate this file Linux Color
arthsidhu
10-10 02:11 AM
Blood suckers
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user2005
06-26 01:19 PM
Hello All,
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
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aspiration
06-24 10:21 AM
Is there any updates on full committee hearing ,which was scheduled for hearing on 23rd June ?
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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hebron
07-06 03:47 PM
Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. Republicans will be against any sort of amnesty, so not a thing will happen till November, but there may be chances of piecemeal legislations to address legal immigration issues if Republicans get the majority.
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .
gc28262
03-27 11:49 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Jimi_Hendrix
12-13 10:43 AM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
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