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Member Profile: montyp80 (121 posts)

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Hello, I'm montyp80 (report this user)
I am from India
I last logged in on 22 Sep 2017
I have been a member since 15 May 2014
I have added 121 posts in trackitt forums
I added my last post on 20 Mar 2015
montyp80's Immigration Cases
 
PERM case: Approved in 157 days (77 days less than average)   (2 comments)
User: montyp80 Nationality: India
Priority Date:17 Jan 2014Category:EB3
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:23 Jun 2014
Total Processing Time:157 daysDays Elapsed:
Case Added to Tracker: 23 Jun 2014 Last Updated: 23 Jun 2014
Notes:

H-1B case: Approved in 84 days (10 days less than average)   (6 comments)
User: montyp80 Nationality: India
Application Type:extensionService Center:California
Processing Type:regularApplication Filed:22 Jun 2017
USCIS Received Date:23 Jun 2017Receipt Number:WAC17187XXXXX
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:14 Sep 2017
TN Status:Most Recent LUD:
Total Processing Time:84 daysDays Elapsed:
Case Added to Tracker: 18 Sep 2017 Last Updated: 18 Sep 2017
Notes: I am currently on EC model (my employer is a direct vendor). Extension + Amendment was filed together.
montyp80's Posts
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!

So I see that there are people who wants IV to handle everything on their behalf. Let me put it out there, this action item was posted as what one thinks needs to be done, that will help our cause. Mind well, if IV wants to be a leader then they need to act like one.

This thread, was initiated by me on behalf of FB group started by Anirban. As far as I know the guy doesn't think of himself as a leader of this 'immigration movement'. He, like me and many others here, is neither with IV or is against IV however is just another person who like hundreds of thousands people who came to this country on work visa and has suffered due to completely out of place immigration system, and only wants to part take in making things right not only for himself but for many others like him.

Now, IV wants to be a leader (as it is clear from what was posted on their forum by Mr. Administrator2 in response to this action item) and many people from here also wants to let IV take the lead on anything to do with immigration cause. But my problem is that they don't have basic understanding of what it takes to lead! They think they know everything, for argument's sake let's say they do because they have a great presence on the hill. But they also believe that no one else should ever think about using their own brains to come up with an idea of what else can be done. That by no means is a sign of a leader. Leader should always course correct a team-mate, when wrong, who's working towards the same cause.

They shot this campaign down saying its nothing but POS. Their attitude is like "We (IV) have been working on this (EAD for approved I140) past many years/months and no one else has any rights to use their brains and should blindly follow us" And to that, I respectfully disagree, I would like to come up with an idea, share it with my friends and let them decide themselves whether they want to take it all the way or not.

Anirban posted this as an action item on his fb. He did not hack into email account of people following his group and started sending out emails on their behalf. We are 'Skilled immigrants', a talent which was difficult to find by employers in the land of United States locally, which implies we are sane enough to identify what is wrong and what is right.

SO, if anyone has issue with what is being asked then PLEASE DO NOT DO IT, if you find any issues with the content then send emails with the contents that you feel is right, BUT don't shoot the idea down saying IV is the leader and everyone should follow them, or only they should fight for our cause. And if you think they should then just simply click out of this damn thread (I am sure you are skilled enough to do that)

Yes, there were some points in original post which were later corrected. Unfortunately I can't update the original post (if anyone knows then please let me know) or else I would have incorporated those updates here.

Let me say this one more time, its at everyone's discretion whether to follow this action item or not. And if they want to follow it then please do so using your own contents.
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!

Yes, I agree with all about we should not mention anything about having to wait any time after I140 approval to apply for EAD.

Not sure how the post can be edited to make the correction.

I don't think so sending email will hurt our cause. You just need to mention everything else and no wait time to apply for EAD after approved I140.

Anyway whether to follow this action item or not is entirely at your discretion!
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


I am not sure what USCIS is trying to do here. What was the purpose of having the call yesterday when they had to submit their recommendations today? Also what about the various visa modernization initiative they are supposed to come out with as recommendations to the WH? Is all this just a hogwash or is there something more to it? time will tell perhaps..



My understanding of the whole USCIS saga from yesterday is that USCIS is trying to fine tune the language of proposed 'EAD for approved I140' rule and hence were trying to hear what everyone had to say. Specially 'Employers'.

There is definitely more to what was talked about yesterday. I think we will hear more from WH in near future around what are they planning to do...
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!

and JohnConnar:

You might be right. May be I am not clear on suggestions around portability. I might have to do some more research to gain clear understanding.
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


All, At the beginning of the call, they mentioned "we commenced the process for ......blah blah blah... portability...EAD for 140...". So, does anyone know if there is already a process/rule that we can track just like we used to do for H4EAD rule? That way, we can track where it is and get a realistic estimate of when this could be out. Whatever it is and whether they started the process or not, my take is - if they are trying to give EADs, or portability options for folks on LPR, that indirectly means that they are never going to fix the backlog issue, at least for now. So, these are patch works for the screwed immigration process. Instead of doing these patch work and piece meal approach, they could easily bring in a statutory fix for the backlogs. That would solve all of these issues.



Recapture and Reinterpretation was suggested by many in their comments to RFI posted by DOS/USCIS. These are administrative fixes and technically DOS's agenda. However USCIS confirmed in conference yesterday that they are aware of these and are in talks with DOS about them.

While EAD for approved I140 does not resolve the backlog issue, it will make life somewhat easier while we wait for GC.
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


[Q
As per current norm, Employer A files for I140, your PD is locked with Employer A and not with you.
If you move to Employer B, file for PERM/I140 you can carry forward PD from Employer A to your new I140 BUT if employer A revokes your I140, you lose your original PD and your new PD will be based on date on which Employer B filed PERM.




Even if employer A revokes an approved 140, the PD still carry forward with you and you will not loose your original PD. This is in the current system for many years. The only exception to this is when USCIS revokes the 140 for fraud.



You might be correct. For what I knew is that you lose PD as soon as I140 is revoked WITHIN 6 MONTHS OF APPROVAL irrespective of the reason behind revocation.

However we still need to send our comments in to make sure the new rule will have clauses more in favor employees.
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Posted in I-140 Forum on 20 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


this is BS. why wait 180 days to apply for EAD once i-140 approved? PERM, i-140 fee is merely $5K-6K including lawyer fee? why don't have similar rule for ROW when they get Greencard? we could rather pay that $5K-6K for PERM, i-140 fee instead of waiting for freaking 6 months to be eligible for EAD.



That's the current rule. Everyone (whether you are born in the country current PD or retrogressed) with approved I140 you have to wait 180 days before you can move to EAD (please feel free to correct me if am wrong)

Just because USCIS is coming up with a new rule (based on EA) to allow people with approved I140 to apply for EAD even when PD is not current, they want to treat people making use of this rule differently than what is already in place for people from non-retrogressed country. For this new rule they want to take feedback from employers and see how it would be beneficial to employers as well. And this action item mentioned above is just to make sure that they don't draft the rule which is more in the favor of employer rather than employee....
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


I am really curious as to what the final Recommendations are. Yesterday's call was rather depressing.



Well I would rather say it was somewhat information. Yes very vague but at least we now know that EAD for I140 is already in works (still don't know which stage). IMHO, They were gathering comments yesterday to fine tune how final rule should look like.

We just need to send our comments in to make sure that they don't use restrictive approach for final rule...

If I were to guess, I would bet my money on new rule being announced very soon with implementation happening before end of the year.

And trust me this will bring a lot of relief for people waiting in line for GC and PD to become current.

So don't be depressed...I see light at the end of the tunnel
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!




Absolutely. It is something that can be suggested like once the beneficiary gets the very first I140, the PD should get locked irrespective of whether the petitioner revokes I140 (in the event when there is change in job)

You can include this in your suggestion to USCIS



What is there to suggest here. That's already in the current system. Once the 140 is approved, the PD is locked unless the 140 is revoked for fraud.



Suggestion is to preserve the PD, EVEN WHEN original I140 is revoked.

As per current norm, Employer A files for I140, your PD is locked with Employer A and not with you.
If you move to Employer B, file for PERM/I140 you can carry forward PD from Employer A to your new I140 BUT if employer A revokes your I140, you lose your original PD and your new PD will be based on date on which Employer B filed PERM.

Hope its clear now.
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


I believe, USCIS will not going to buy cost argument. Its simple, if you want to hire talent u need to spend money, if you need them u have to keep them happy. Just using the laws, to make them work for you since u spend money on hiring them will not fly.



I hope so too that they take 'expansive' approach v/s 'restrictive' while drafting rule for 'EAD for approved I140'.

Make sure to send your comments in...
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


Even today H1B holders are eligible to change their job after getting I 140 approved. Only thing which employer can do is revoke I 140. USCIS need to find a way how to handle situation (status) if employer decide to revoke I 140.





Absolutely. It is something that can be suggested like once the beneficiary gets the very first I140, the PD should get locked irrespective of whether the petitioner revokes I140 (in the event when there is change in job)

You can include this in your suggestion to USCIS
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


What is this recouping the fees from employees? I think it is total BS. USCIS has rules that employer has to spend money for all H1B, PERM sponsorship, and if USCIS brings in this rule, its like they are contradicting their own rule! Looks like we all may be need to hire a lawyer and file a case against all employers. This is crazy!

First of all they give EAD to L spouse, and they dont even know how many people are coming through all these companies under the blanket. All IT companies are nothing but dumping people companies.



yes, it absolutely doesn't make any sense.

We need to voice this as a concern, because current rule allows people from non-backlogged country OR with current PD's, to apply for EAD 180 days after approval of I140 then why even talk or discuss anything different for people from backlogged country?

We understand, they are making these change (allowing to apply for EAD upon approved I140) even when PD is not current but again just because we are from backlogged country doesn't mean rules for applying for EAD should be any different than everyone else.

From what we heard yesterday from USCIS is that they want to be "fair" to employers and make sure they don't lose their investment (read PERM and I140 filing fees) if they allow people with approved i140 to apply for EAD.

Our argument is simple, aren't employer's who has hired people form non-backlogged country and has applied for PERM and I140 for their employees aware of this scenario? Of course they are...at the end of the day what matters is Employer-Employee relation for employers to secure their 'investment' and not such discriminating thinking!
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Posted in I-765 (EAD) Forum on 19 Mar 2015
Topic: EAD for H4 Visa Holders

I have also started a new thread for new Action Item to support EAD for approved I140

http://www.trackitt.com/discussion-forums/i140/...
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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!


When are the recommendation coming today ?



I have not heard any such thing as announcements of recommendation by USCIS.

All we know from the teleconference yesterday is that USCIS has submitted their proposal/recommendations to WH and they are reviewing it right now. It will be at their (WH's) discretion to release them to public or not.
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Posted in I-140 Forum on 19 Mar 2015
Topic: Obama EO: EAD for approved I 140

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Posted in I-140 Forum on 19 Mar 2015
Topic: EAD for Approved I140 - ACTION ITEM!! PLEASE READ!!

Posting this on behalf of 'Skilled Immigrants in America' FB group

ACTION ITEM!! PLEASE READ!!

Dear friends,

Yesterday’s teleconference made it very clear that USCIS has been receiving good opposition to the “Job portability” clause from employers. No surprises there. Some of the proposals discussed yesterday were having to submit a form to USCIS to approve the job portability, a longer timeframe than 180 days after approved I-140 to stay with employer and recouping the cost of PERM expenses if the employer leaves. We have to raise our voices and oppose these proposals. It seems very clear that USCIS is drafting the proposed rule for EAD for approved I-140 right now and are taking inputs. Companies are working hard in the background to add hindrances and restrictions to this rule. We have to make sure that these proposals are not included in the rule. They are restrictive and a hindrance to job portability, something which goes against what the President outlined in his memo.

All of us need to send an email to USCIS and refute each of these proposals. I will write briefly but please feel free to expand and express in your own way:

1. Submitting a job portability form to USCIS: This is an added step and a hindrance to one’s career progression. How long will USCIS take to approve the form? Getting any approval from USCIS is always a matter of months unless extra money is thrown at them. Does the employee simply have to wait till the form is approved? What if the job offer from the other company expires? If employees from non-backlogged countries do not have to fill this form, why should the ones from backlogged countries?

2. The timeframe to allow portability should be 180 days and not more after I-140 is approved. Again, employees from non-backlogged countries can do it, and so should the others. Moreover, there are many who are already waiting months and years with an approved I-140 unable to take a promotion or a better job offer simply because they cannot file for AOS. Why ask the employees to wait even more?
Note: Please stress here that job portability also means taking a promotion within the same company, and not just leaving for another company. Moreover, this allows even the company to fully utilize the potentials and skills of the employee allowing them to fully contribute to the company to the best of their ability.

3. Allowing the company to recoup the PERM cost from employee: This is simply illegal and should not be encouraged. Few unscrupulous companies specifically want to hire people from backlogged countries knowing that it is difficult for them to leave or even take a promotion. This mindset will continue if companies are allowed to recoup the PERM costs. Again, if employees of non-backlogged countries are not paying it, why should the others?

4. The idea to allow job portability is to allow companies to hire and retain the best talent available irrespective of their country of birth. This allows the companies to do better and make US an attractive place for high skilled people.
Finally, please add how providing EADs to the approved I-140 applicants will bring stability to their lives and they can contribute better and invest more in the US economy.

Please send your emails to: Public.Engagement@uscis.dhs.gov

We need to send our comments to USCIS about the teleconference in the next few days. Please say "USCIS teleconference - 3.19.15" in the subject line. Please include additional points that you can think of. We will also be submitting a formal document as a group but I request everyone to send personal emails to USCIS to make sure our voices are heard against these proposals and make sure that these do not make it to the draft rule.

Thank you.


For further information please stay tuned at FB group

https://www.facebook.com/groups/SkilledImmi...
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Posted in I-140 Forum on 19 Mar 2015
Topic: Obama EO: EAD for approved I 140

Posting this on behalf of 'Skilled Immigrants in America' FB group

ACTION ITEM!! PLEASE READ!!

Dear friends,

Yesterday’s teleconference made it very clear that USCIS has been receiving good opposition to the “Job portability” clause from employers. No surprises there. Some of the proposals discussed yesterday were having to submit a form to USCIS to approve the job portability, a longer timeframe than 180 days after approved I-140 to stay with employer and recouping the cost of PERM expenses if the employer leaves. We have to raise our voices and oppose these proposals. It seems very clear that USCIS is drafting the proposed rule for EAD for approved I-140 right now and are taking inputs. Companies are working hard in the background to add hindrances and restrictions to this rule. We have to make sure that these proposals are not included in the rule. They are restrictive and a hindrance to job portability, something which goes against what the President outlined in his memo.

All of us need to send an email to USCIS and refute each of these proposals. I will write briefly but please feel free to expand and express in your own way:

1. Submitting a job portability form to USCIS: This is an added step and a hindrance to one’s career progression. How long will USCIS take to approve the form? Getting any approval from USCIS is always a matter of months unless extra money is thrown at them. Does the employee simply have to wait till the form is approved? What if the job offer from the other company expires? If employees from non-backlogged countries do not have to fill this form, why should the ones from backlogged countries?

2. The timeframe to allow portability should be 180 days and not more after I-140 is approved. Again, employees from non-backlogged countries can do it, and so should the others. Moreover, there are many who are already waiting months and years with an approved I-140 unable to take a promotion or a better job offer simply because they cannot file for AOS. Why ask the employees to wait even more?
Note: Please stress here that job portability also means taking a promotion within the same company, and not just leaving for another company. Moreover, this allows even the company to fully utilize the potentials and skills of the employee allowing them to fully contribute to the company to the best of their ability.

3. Allowing the company to recoup the PERM cost from employee: This is simply illegal and should not be encouraged. Few unscrupulous companies specifically want to hire people from backlogged countries knowing that it is difficult for them to leave or even take a promotion. This mindset will continue if companies are allowed to recoup the PERM costs. Again, if employees of non-backlogged countries are not paying it, why should the others?

4. The idea to allow job portability is to allow companies to hire and retain the best talent available irrespective of their country of birth. This allows the companies to do better and make US an attractive place for high skilled people.
Finally, please add how providing EADs to the approved I-140 applicants will bring stability to their lives and they can contribute better and invest more in the US economy.

Please send your emails to: Public.Engagement@uscis.dhs.gov

We need to send our comments to USCIS about the teleconference in the next few days. Please say "USCIS teleconference - 3.19.15" in the subject line. Please include additional points that you can think of. We will also be submitting a formal document as a group but I request everyone to send personal emails to USCIS to make sure our voices are heard against these proposals and make sure that these do not make it to the draft rule.

Thank you.
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Posted in I-140 Forum on 19 Mar 2015
Topic: Obama EO: EAD for approved I 140

*** Posting this on behalf of Skilled Immigrants in America Group ***

ACTION ITEM!! PLEASE READ!!

Dear friends,

Yesterday’s teleconference made it very clear that USCIS has been receiving good opposition to the “Job portability” clause from employers. No surprises there. Some of the proposals discussed yesterday were having to submit a form to USCIS to approve the job portability, a longer timeframe than 180 days after approved I-140 to stay with employer and recouping the cost of PERM expenses if the employer leaves. We have to raise our voices and oppose these proposals. It seems very clear that USCIS is drafting the proposed rule for EAD for approved I-140 right now and are taking inputs. Companies are working hard in the background to add hindrances and restrictions to this rule. We have to make sure that these proposals are not included in the rule. They are restrictive and a hindrance to job portability, something which goes against what the President outlined in his memo.

All of us need to send an email to USCIS and refute each of these proposals. I will write briefly but please feel free to expand and express in your own way:

1. Submitting a job portability form to USCIS: This is an added step and a hindrance to one’s career progression. How long will USCIS take to approve the form? Getting any approval from USCIS is always a matter of months unless extra money is thrown at them. Does the employee simply have to wait till the form is approved? What if the job offer from the other company expires? If employees from non-backlogged countries do not have to fill this form, why should the ones from backlogged countries?

2. The timeframe to allow portability should be 180 days and not more after I-140 is approved. Again, employees from non-backlogged countries can do it, and so should the others. Moreover, there are many who are already waiting months and years with an approved I-140 unable to take a promotion or a better job offer simply because they cannot file for AOS. Why ask the employees to wait even more?
Note: Please stress here that job portability also means taking a promotion within the same company, and not just leaving for another company. Moreover, this allows even the company to fully utilize the potentials and skills of the employee allowing them to fully contribute to the company to the best of their ability.

3. Allowing the company to recoup the PERM cost from employee: This is simply illegal and should not be encouraged. Few unscrupulous companies specifically want to hire people from backlogged countries knowing that it is difficult for them to leave or even take a promotion. This mindset will continue if companies are allowed to recoup the PERM costs. Again, if employees of non-backlogged countries are not paying it, why should the others?

4. The idea to allow job portability is to allow companies to hire and retain the best talent available irrespective of their country of birth. This allows the companies to do better and make US an attractive place for high skilled people.
Finally, please add how providing EADs to the approved I-140 applicants will bring stability to their lives and they can contribute better and invest more in the US economy.

Please send your emails to: Public.Engagement@uscis.dhs.gov

We need to send our comments to USCIS about the teleconference in the next few days. Please say "USCIS teleconference - 3.19.15" in the subject line. Please include additional points that you can think of. We will also be submitting a formal document as a group but I request everyone to send personal emails to USCIS to make sure our voices are heard against these proposals and make sure that these do not make it to the draft rule.

Thank you.
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Posted in I-765 (EAD) Forum on 04 Mar 2015
Topic: EAD for H4 Visa Holders


Am sick of this link... No more IV stuff here. No links. No discussion. No nothing. I don't want then representing me. They are like congress. The more Rahul gandhis open their mouth..the more trackitt users they will loose.



I think there is no harm in making calls as it says in IV's FB post BUT instead of saying you are member of Immigration Voice, you can say you are member of Trackitt or 'Immigration Warrior' or whatever name you want to use on behalf of Trackitt leagal community. Just represent yourself!

If at end of the day it increases the possibility of getting 200,000 more GC's, then WHY NOT?

Guys, 200k more GC's literally means all EB categories will become current!

Anirban, Satish, any thoughts?
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Posted in I-765 (EAD) Forum on 04 Mar 2015
Topic: EAD for H4 Visa Holders


I thought we were to stop the blame game. But yet here we are.
If you think IV has been holding meetings with un important people its your problem. Before saying such thing, you need to have a proof on hand.
Immigration voice is a well known organization on capitol hill, has been invited to each and every important hearing be it an address in front of the congress or be it announcement of executive action in November. If you want to be in denial, that's your problem. And you think getting a law passed is easy, why don't you go and get more green cards.
The visa Bulletin reversal of 2007 was all because of IV btw and a lot of people are thanking iv for that. HR 2012 was an IV bill and because of the back ground work per country cap removal is in every single bill introduced in congress after 2011.
well, you say you have been following IV then you already know all this.
What a shame that you sit there anonymously and type on your computer when every single office on capitol hill knows what IV is and what per country cap is. But again.. i know some people will never give credit where its due. WHat a shame!!!




You seem to know IV's agenda better than anyone else here. I have few questions

1. Why did IV lobby for change in law (bill related to spillover) which made EB3's wait time for GC's worst from bad?
2. What is on their agenda that will make this right (improve wait time for EB3's)?

Any information will be greatly appreciated!
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