ivar
03-12 02:24 PM
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.
Hope this helps.
My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.
Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.
Thanks.
Hope this helps.
My Old I-140 (EB2) from previous employer is already approved but i left that company and joined a new company. I checked status of my Old I-140 online till today it shows approved and i have the original copy of my Old approved I-140. So the question is do i need to send a letter for porting the date after new I-140 is approved or the letter can be sent along with the application for new I-140. OR file new I-140 and later on send a letter to port priority date.
Second option that comes to my mind is, joining the previous employer again next year... but i am still thinking about that, i am already in my 5th year of H1b.
Thanks.
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gaz
08-07 01:34 PM
India does have deduction from your paycheck: its the EPF/ PF (Employee Provident Fund/ Provident Fund).
You can manage your own pension fund - its called the PPF.
EPF/PF don't allow withdrawals until you retire (i think its driven by age - 62years for men; 55 for women - but i'm guessing here)
Its not the same as social security. Its a little bit better because you pay for your own retirement and not for anyone elses.
You can manage your own pension fund - its called the PPF.
EPF/PF don't allow withdrawals until you retire (i think its driven by age - 62years for men; 55 for women - but i'm guessing here)
Its not the same as social security. Its a little bit better because you pay for your own retirement and not for anyone elses.
sundar99
02-27 01:36 AM
As an Indian minister, I will speak up for fair treatment of Indians anywhere. - Kamal Nath - Union Commerce Minister, India.
http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2
They will not care for us at all! But, there is an outside chance that one of the retrogressed is related to one of them or somebody knows a politician... and our e-mail also reaches them at the perfect time! And, one of the concerned politician/minister happens to meet one-on-one with Karl Rove, or any such powerful figure in the Bush Team! And, they bring it up with the Bush Team, who assure them they will make Retrogression disappear!!!
;) Hey, if we were so lucky - one of us might have won $365 mil Powerball, and donated $200K or more to IV outright! I would have, I know that for sure!
But, we have to keep trying every which way! Everything to gain- nothing ventured, nothing gained! Please, do not misunderstand me - I am not making light of somebody's ideas! Great things happen only if we keep trying!!!
http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2
They will not care for us at all! But, there is an outside chance that one of the retrogressed is related to one of them or somebody knows a politician... and our e-mail also reaches them at the perfect time! And, one of the concerned politician/minister happens to meet one-on-one with Karl Rove, or any such powerful figure in the Bush Team! And, they bring it up with the Bush Team, who assure them they will make Retrogression disappear!!!
;) Hey, if we were so lucky - one of us might have won $365 mil Powerball, and donated $200K or more to IV outright! I would have, I know that for sure!
But, we have to keep trying every which way! Everything to gain- nothing ventured, nothing gained! Please, do not misunderstand me - I am not making light of somebody's ideas! Great things happen only if we keep trying!!!
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CHHAYA
08-19 09:29 AM
1. I am working part time on EAD with my sponsoring company and full time with other company under different position and less requirements than labor certification. I want to leave full time company and want to open a business firm. Is this okay? Along with my own business do I have to work for sponsoring company?
2. My daughter is going to college next year. Is she considered as international student or in state student? Her 485-I is pending under my derivative. She do have EAD and ss.
3. If my daughter turns in 21 years before our green card comes, then will she have any problems in getting GC?
Appreciate for the help.
2. My daughter is going to college next year. Is she considered as international student or in state student? Her 485-I is pending under my derivative. She do have EAD and ss.
3. If my daughter turns in 21 years before our green card comes, then will she have any problems in getting GC?
Appreciate for the help.
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Pallavi79
02-10 03:39 PM
<quote>A biggest thing i.e. fear. The fear would be always in your mind, if something goes wrong for your I-485 and you will be out of status except MTR
EAD is like a carrot in front of the cart. GC is like eating the carrot</quote>
EAD is like a carrot in front of the cart. GC is like eating the carrot</quote>
gc28262
03-16 01:12 PM
I can't agree more.
Many IV members post on this forum as if it some desi networking site.
Today IV is our banner for our Immigration woes. Maybe it is the only one. If anti-immigrants need to know what is happening in our world, they have a single source i.e. IV.
So whenever somebody posts something on this forum, please be reminded that this forum is a favorite among anti-immigrants too. Every post on this forum is indirectly addressing anti-immigrants.
Please be wise about what you post on this forum.
My 2 cents.
Many IV members post on this forum as if it some desi networking site.
Today IV is our banner for our Immigration woes. Maybe it is the only one. If anti-immigrants need to know what is happening in our world, they have a single source i.e. IV.
So whenever somebody posts something on this forum, please be reminded that this forum is a favorite among anti-immigrants too. Every post on this forum is indirectly addressing anti-immigrants.
Please be wise about what you post on this forum.
My 2 cents.
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amitjoey
05-09 02:32 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
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grimus
05-24 12:53 PM
webfax sent.:)
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ItIsNotFunny
12-17 09:45 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
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pd_recapturing
03-20 08:46 PM
Champu,
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.
I saw some of your suggestions in this thread. I need your suggestion on my case. I applied my 485 in July 2007 with an already approved eb3 I-140 (PD: May 2004). At that time, my 2nd EB2 I-140 was also in process but since I was not sure so I applied 485 with eb3 I-140. Later, I received my eb2 I -140 approved with the same PD of May 2004. Thus , I was able to capture my original PD (most difficult task!!). Since then, I and my lawyer have been sending letters to USCIS to interfile my eb2 140 with pending 485. We have not heard anything back from USCIS so far. I had opened congressional enquiry also and they also could not get answer from USCIS. But, congressman office told me that USCIS indicated that they will take most favorable 140 while adjudicating my case. They also suggested me to talk to them again when my pd is current based on eb2. Can u suggest as to what else can be done in this case? I appreciate your answer in this regard. Thanks for reading this long message.
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leo2606
08-18 10:25 AM
piyu7444
please post how you are proceeding with this matter.may be helpful for someone.
please post how you are proceeding with this matter.may be helpful for someone.
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furiouspride
08-17 09:07 PM
Some Background:
My employer filed for my residency in 2008. Per my employer, my PD is Jan 2008 and my I140 has been approved. My 6th year on H1B will be over in August 2011.
My questions to Attorney Reddy are as follows:
1. Can I switch employers now and retain my old PD?
2. Since I do not have a copy of the I140, would the employer be able to withdraw my I140 application?
3. Will I be able to get a 3 year extension on my H1B with the new employer based on my approved I140?
Please let me know. And many thanks to Ms. Reddy for providing this great service to the immigrant community :)
My employer filed for my residency in 2008. Per my employer, my PD is Jan 2008 and my I140 has been approved. My 6th year on H1B will be over in August 2011.
My questions to Attorney Reddy are as follows:
1. Can I switch employers now and retain my old PD?
2. Since I do not have a copy of the I140, would the employer be able to withdraw my I140 application?
3. Will I be able to get a 3 year extension on my H1B with the new employer based on my approved I140?
Please let me know. And many thanks to Ms. Reddy for providing this great service to the immigrant community :)
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coopheal
03-22 05:52 AM
Hello friends,
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Sargon please update your profile with correct information instead of faking as EB1 from a ROW country stuck since 2003.
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Sargon please update your profile with correct information instead of faking as EB1 from a ROW country stuck since 2003.
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chantu
07-09 07:21 PM
Though I do not support Indo-US N Deal, I support this deal.
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bsbawa10
07-23 02:55 PM
USCIS needs to work with paper files for review/approval. RD as on your receipt is the mailroom receive date. Real receive date of a processing center is when they actually opened your file and entered in the system, which is what you see online as, "...your case was received on...". Processing centers prefer to treat this date as RD as this suites them better. In your case your true RD should be a couple of days prior to your ND. Who is responsible for the 4 months period in between when several thousand applications may have been received and entered in the system (and placed ahead of you)? Nobody.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
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Dhundhun
07-10 12:15 PM
Question: Why Canada is not in the list of countries?
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
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kirupa
04-03 05:13 PM
What makes you think there won't be anything for the 4th place entry? :evil:
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gimme_my_gc
10-19 01:38 AM
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
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sen_raju
05-25 04:21 PM
Memorial day became memorial for me.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
meridiani.planum
01-18 01:20 AM
My point of view: Recession or No Recession - If u r strong enough and a needed resource, therez no way they r gonna lay u off --- Again just my POV.
its not that simple. were you here in 2000-2002 also? When the whole company is running into major losses complete department and locations get wiped out. Does not matter how critical a resource you are. If the people at the top decide to scrap the product, the team goes with it. Thats how companies like Nortel, Lucent etc manage to go from employment figures of 100K to 30K in a couple of years...
its not that simple. were you here in 2000-2002 also? When the whole company is running into major losses complete department and locations get wiped out. Does not matter how critical a resource you are. If the people at the top decide to scrap the product, the team goes with it. Thats how companies like Nortel, Lucent etc manage to go from employment figures of 100K to 30K in a couple of years...
sbabunle
01-26 06:45 PM
Anirudh
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
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