MYGC2008
09-18 11:43 AM
My wife's EAD is still Pending. I got my physical card on 9/11. We applied on same day.
ND: 07/25
TSC
ND: 07/25
TSC
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morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
geesee
08-18 02:32 PM
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
You made me laugh :D
2011 Here are some ideas that you
darslee
07-10 04:55 PM
In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Absolutely right! Good job eveyone who participated! :)
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Absolutely right! Good job eveyone who participated! :)
more...
tamil12
09-23 05:54 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.
GCStatus
09-16 04:39 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
more...
english_august
07-10 04:53 PM
In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
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bigboy007
07-02 10:31 AM
Mine delivered 9:00 AM via Fedex shipped on 6/30
lets see what others have i did it on saturday late evening.
lets see what others have i did it on saturday late evening.
more...
anzerraja
07-20 03:31 PM
Thanks !
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Zooooom , gsc999, husker, sam, Raju and all others who were driving this initiative what is your take on this ?
Anzeeraja,
Thanks for the initiative. I like the poll idea.
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techbuyer77
06-12 03:52 PM
what can u do if u still have no EAD after 3 months? Endless waiting?
Yes no more interim ead
Yes no more interim ead
more...
h1techSlave
09-23 01:59 PM
the problem is that some of us are likely to eat his lunch
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
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venkatg
07-20 03:55 PM
I am willing to Contribute $150 for Aman.
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gccovet
02-09 12:42 PM
Thanks a lot.
Can you please help in keeping this thread on the top?
Certainly. Will do.
GCCovet
Can you please help in keeping this thread on the top?
Certainly. Will do.
GCCovet
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nixstor
07-08 11:24 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
more...
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zoooom
07-19 07:20 PM
ThinkTwice , very valid points.
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
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feedfront
08-26 01:56 PM
I had taken infopass and officer sent an email to TSC enquiring about current status. Today, I got snail mail reply..
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
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tonyHK12
02-22 05:58 PM
Transaction ID: 0HV49363NW0956225
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
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SFSweta
08-25 11:17 PM
Okay - so I know this is premature....but just today I logged into my CRIS account and I saw that they've touched my case on Aug 25th!!
Probably not a big deal for anyone but MEEEE!!!
And my priority date is July 17th 2006- so people there are numbers available for September. :) :)
Probably not a big deal for anyone but MEEEE!!!
And my priority date is July 17th 2006- so people there are numbers available for September. :) :)
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simple1
05-08 02:31 PM
we are talking about inclusion logic here. Not the exclusion logic.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can archive the same goal (which you care about) via a different approach.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can archive the same goal (which you care about) via a different approach.
gagbag
07-04 10:47 PM
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.
chmur
07-28 12:33 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
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