pappu
01-24 12:16 AM
not just 5 years,
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.
btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
- The company is found to be fraud/ involved in any fruad by USCS or DOL
- the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
- The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
- The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
- Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.
Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.
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lazycis
02-13 12:26 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
Ramba
06-28 06:05 PM
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
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morchu
06-05 12:52 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
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ujjwal_p
05-11 07:25 PM
I never stated that I support LTTE.
I understand, how intolerant you are. What is wrong in protesting or showing resentment?
It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, along with you I'll also probably party when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.
I understand, how intolerant you are. What is wrong in protesting or showing resentment?
It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, along with you I'll also probably party when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.
alisa
06-28 08:44 PM
If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
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kondur_007
07-26 06:04 PM
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
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bfadlia
02-19 02:20 PM
You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.
x: you are making idiotic arguments
y: if you think indians and chinese are idiots then you need to leave IV
please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.
x: you are making idiotic arguments
y: if you think indians and chinese are idiots then you need to leave IV
please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.
more...
hiralal
06-11 08:12 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
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shiankuraaf
09-14 11:40 PM
This a very optimistic prediction....
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
What I expect is, with the pre-adjudication USCIS has the approvable numbers in hand and all the Visa numbers for the 1 st quarter will be released and consumed immediatly by the pre-adjudicated cases and then in Nov bulletin it will be 'U' and again in Dec it would move couple of weeks or most probably a month to consume the querterly spill over if that exists. I do not think there will be any retro for EB2 India in coming 2 quarters unless there are too many new labour approvals giving chance to file AOS with later PDs or EB3 to EB2 porting.
My 1 cent.
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
What I expect is, with the pre-adjudication USCIS has the approvable numbers in hand and all the Visa numbers for the 1 st quarter will be released and consumed immediatly by the pre-adjudicated cases and then in Nov bulletin it will be 'U' and again in Dec it would move couple of weeks or most probably a month to consume the querterly spill over if that exists. I do not think there will be any retro for EB2 India in coming 2 quarters unless there are too many new labour approvals giving chance to file AOS with later PDs or EB3 to EB2 porting.
My 1 cent.
more...
jsb
06-04 01:20 PM
I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
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jayleno
09-23 11:10 AM
What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
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grupak
02-13 03:05 PM
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
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Jaime
05-14 12:47 AM
RE: Jaime,
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
Dear Vikki, your words are like cool balm over a bad bruise, thank you! About the 15,000 per year, do you mean that's 15,000 Rupees or US dollars? Either way, I can save in other things, such as utilities and charitable contributions. The mai thing right now is to get into India, but it will have to be in a non-tech capacity (any other suggestions? I am not an airline pilot either, I am looking for a maketing/business role)
Vikki, do you have the fax number of the MHA in New Dehli? I'll be forever indebted to you. Thank you so much again!
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
Dear Vikki, your words are like cool balm over a bad bruise, thank you! About the 15,000 per year, do you mean that's 15,000 Rupees or US dollars? Either way, I can save in other things, such as utilities and charitable contributions. The mai thing right now is to get into India, but it will have to be in a non-tech capacity (any other suggestions? I am not an airline pilot either, I am looking for a maketing/business role)
Vikki, do you have the fax number of the MHA in New Dehli? I'll be forever indebted to you. Thank you so much again!
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acruix
07-13 04:07 PM
http://www.immigrantslist.org/page/petition/Chertoff
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tikka
07-04 01:00 PM
As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
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pointlesswait
09-15 03:57 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
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poorslumdog
08-19 12:22 AM
Originally Posted by vinzen
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
sorry, I love preaching.
by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.
well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?
I am sure both the ids are same person...:D
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a2k2
01-13 04:09 PM
As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!
ramus
06-28 05:56 PM
So this is very clear example where dates were current for June but they just came up on June 5th and asked to reject all other worker application..
Now why can't they do fsame or EB?
Do you know if they even accepected application that they got before June 5th.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
Now why can't they do fsame or EB?
Do you know if they even accepected application that they got before June 5th.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
Legal
07-21 05:42 PM
Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.
Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.
Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.
Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.
Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.
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