BharatPremi
10-23 04:19 PM
You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Here are my thoughts not legal advise:
-------------------------------------
One way: Wait in US for 9 years to get GC by sticking to one company,
exploited with less salary, No promotion
Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
2) Go to Canada as a PR for 3 years - Become citizen - "Tell
your wife" to establish company A in Canada and Company B
in USA - Have advantage of NAFTA
3) Come to USA via Company B on TN visa and tell your
employer Company B to file GC for you and now do not care
whatever years US GC takes.. As long as "Company B" has
business and you are working get TN renewals.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Here are my thoughts not legal advise:
-------------------------------------
One way: Wait in US for 9 years to get GC by sticking to one company,
exploited with less salary, No promotion
Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
2) Go to Canada as a PR for 3 years - Become citizen - "Tell
your wife" to establish company A in Canada and Company B
in USA - Have advantage of NAFTA
3) Come to USA via Company B on TN visa and tell your
employer Company B to file GC for you and now do not care
whatever years US GC takes.. As long as "Company B" has
business and you are working get TN renewals.
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newbie2020
07-03 09:41 PM
My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
immique
07-17 01:23 AM
I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
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ivar
06-15 12:05 PM
For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).
If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).
Grow up folks.
Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
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nomi
09-29 12:28 PM
Can you post the link to the automatic revalidation law link?
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
immigrationvoice1
02-14 01:18 PM
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
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GCVictim
08-24 11:48 PM
Dear Immigration Attorney,
Can I out of US with old AP and returned with new (renewed) AP?
Can I out of US with old AP and returned with new (renewed) AP?
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Ramba
03-30 03:32 PM
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
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_TrueFacts
09-03 10:11 PM
breddy2000,
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
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Marphad
03-29 08:21 PM
My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
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ras
07-12 06:21 PM
I kind of see only couple of questions being answered. Is the immigration attorney answering the questions atleast those questions who have their full profile on IV?
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Aah_GC
08-15 09:54 PM
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
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leoindiano
08-16 06:06 PM
guys,
why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:
why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:
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alterego
07-25 07:37 PM
The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.
Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.
Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.
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brij523
02-13 09:12 AM
Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
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krisganta
09-04 10:51 AM
I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.
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iv_only_hope
07-24 08:55 PM
vdlrao
I will post the calcs and see his response. Thanks.
I will post the calcs and see his response. Thanks.
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WeldonSprings
10-28 10:55 PM
Hello sachug22,
I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?
Can you please check the dashboard and throw some light on this. I am a little worried about this.
Thanks,
WeldonSprings.
These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).
I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?
Can you please check the dashboard and throw some light on this. I am a little worried about this.
Thanks,
WeldonSprings.
These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).
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BharatPremi
07-13 01:47 AM
As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
vdlrao
07-25 07:55 PM
See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.
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