kevinkris
07-14 01:23 PM
Conf Number: 7YB0F-K01XZ
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indyanguy
08-13 04:59 PM
But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
Have you given a thought or spoken to a lawyer about starting EB2 PERM when your EB3 140 is pending? After your EB2 PERM is approved, you have 6 months before interfiling your EB2 140 with your EB3 PD. I think that is long enough for your EB3 140 too be approved.
AFAIK, this can be done with little or no risk to your EB3.
srgadi
07-15 08:46 PM
Done. $10 for the two of us :)
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vedicman
05-03 01:16 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
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Milind123
09-13 05:56 AM
Just contributed one time $100 thru' paypal.
Web Accept Payment Sent (ID # 3BC32596YD273123L)
Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.
Web Accept Payment Sent (ID # 3BC32596YD273123L)
Thankyou nomad. Just one more newbee shooter. Remember your one dollar is like contributing 3 dollars.
srikondoji
08-02 03:52 PM
I told him that i have to make travel arrangements for the month of october.
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
He said to call back mid next week, if i didnot get the receipt by then.
Looks like they are having aggressive internal deadlines.
--sri
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somegchuh
07-19 06:12 PM
Guys,
My understanding of the 1-485 processing is that there are several things that they do and checking the PD is the last thing they do to issue a GC.
The RD is the order that they follow until they find out if your PD is current. As for moving by RD, I have noticed that movement in NSC for the last 6 months has been really slow. And now, with so many more apps pouring in it can only get slower. But given the fact they are under the microscope right now they might just kick the tires and processing may pick up speed for a few months. This will benefit all the ppl who have been waiting for 485 approvals for 6+ months and their PD's are really (g)old. It might also benefit recent filers in getting EAD/AP sooner. But all of this going to be very political and can swing either way. So I wouldn't bet my money on either side and/or logic :D
My understanding of the 1-485 processing is that there are several things that they do and checking the PD is the last thing they do to issue a GC.
The RD is the order that they follow until they find out if your PD is current. As for moving by RD, I have noticed that movement in NSC for the last 6 months has been really slow. And now, with so many more apps pouring in it can only get slower. But given the fact they are under the microscope right now they might just kick the tires and processing may pick up speed for a few months. This will benefit all the ppl who have been waiting for 485 approvals for 6+ months and their PD's are really (g)old. It might also benefit recent filers in getting EAD/AP sooner. But all of this going to be very political and can swing either way. So I wouldn't bet my money on either side and/or logic :D
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shsk
07-20 01:20 PM
Hope they bring back interim EAD, that should solve some problem.
But I cannot imagine the long lines in local Service centres:p
But I cannot imagine the long lines in local Service centres:p
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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snathan
02-13 08:39 PM
get lost. If you contributed, thats enough. Just do your job and others will do theirs.
This is the message I have got from this guy....
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Just another junk in IV
This is the message I have got from this guy....
I have contributed more than $500 to IV. I am not sure I want green card anymore. Thanks.
Just another junk in IV
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eb3_nepa
07-14 03:14 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
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knnmbd
04-25 02:42 PM
Learning01,
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
There is too much curbing of free speech, you admins are taking a heavy handed approach to discussions. Deleting posts at will, diverting topics at whims and fancies...
Let there be discussins, there is nothing wrong in floating ideas.. allow members to express. Not every idea needs to be implemented.
This sort of arrogance is not going help anybody's cause.
Just my two cents...
All these are good for chit chat any way. If we had the clout to implement laws that were based on figments of our imaginations, we probably would not be in line for a green card. Nothing wrong with ideas, except the potential for implementation of the amendment needs to go through IV core team and then sent across to any senators or the USCIS. We don�t want to look foolish be ridiculed for visionary ideas that will not see the light of the day.
more...
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desi3933
07-06 03:03 PM
I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.
>> I checked 2007 return and it has only 100K asset.
It is 165k. But, still, 450k for current asset value seems high.
.
>> I checked 2007 return and it has only 100K asset.
It is 165k. But, still, 450k for current asset value seems high.
.
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ArkBird
09-04 05:09 PM
You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
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PD_Dec2002
03-17 10:55 PM
Jayant,
But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
Courtesy by the link:
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
ajay:
This was my source where I had read it about a month ago: http://money.cnn.com/2008/02/08/pf/taxes/rebates_what_you_need_to_know/ It was included in the answer for the question "Do I have to pay my rebate back". However, it appears CNN removed it...here's the ruckus about it: http://www.newsbusters.org/blogs/noel-sheppard/2008/02/08/cnn-deletes-line-about-tax-rebates-being-advance
Anyway, thanks for pointing out. I will update my earlier post.
So the correct information seems to be as follows:
Impact on 2008 Tax Returns: The stimulus rebates will be calculated by the IRS using information on the 2007 tax returns. If taxpayers were entitled to a larger rebate based on their 2008 income, those taxpayers will be able to claim a tax credit for the additional amount. Taxpayers won't have to pay back the rebate, however, if using their 2008 income would result in a lower rebate amount.
In any case, whether it is free money or not, the fact remains that some of the best ways to spend it is by sending it to IV, contributing to an IRA or funding your kid's 529 plan.
Thanks,
Jayant
But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
Courtesy by the link:
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
ajay:
This was my source where I had read it about a month ago: http://money.cnn.com/2008/02/08/pf/taxes/rebates_what_you_need_to_know/ It was included in the answer for the question "Do I have to pay my rebate back". However, it appears CNN removed it...here's the ruckus about it: http://www.newsbusters.org/blogs/noel-sheppard/2008/02/08/cnn-deletes-line-about-tax-rebates-being-advance
Anyway, thanks for pointing out. I will update my earlier post.
So the correct information seems to be as follows:
Impact on 2008 Tax Returns: The stimulus rebates will be calculated by the IRS using information on the 2007 tax returns. If taxpayers were entitled to a larger rebate based on their 2008 income, those taxpayers will be able to claim a tax credit for the additional amount. Taxpayers won't have to pay back the rebate, however, if using their 2008 income would result in a lower rebate amount.
In any case, whether it is free money or not, the fact remains that some of the best ways to spend it is by sending it to IV, contributing to an IRA or funding your kid's 529 plan.
Thanks,
Jayant
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diptam
08-25 10:48 AM
Finally after about 20 days of verbal bargaining over phone i got the physical form 7001 from my employer at hand and mailed it by Certified USPS mail to the following address ::
Citizenship and Immigration Services
Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225 Washington, D.C. 20528-1225
Come on folks - its always better being late than never.PM me if you need any details.
Also please let us know if anyone is sending Form 7001 to Ombudsman or got any reply !
Thanks,
Diptam
Citizenship and Immigration Services
Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225 Washington, D.C. 20528-1225
Come on folks - its always better being late than never.PM me if you need any details.
Also please let us know if anyone is sending Form 7001 to Ombudsman or got any reply !
Thanks,
Diptam
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go_guy123
06-11 12:39 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Canada immigration has been restricted to 38 occupations now. IT out of that list.
In order to maintain your Canada PR you need to stay in Canada for 2 years.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
Canada immigration has been restricted to 38 occupations now. IT out of that list.
In order to maintain your Canada PR you need to stay in Canada for 2 years.
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spicy_guy
10-21 06:49 PM
I am still not sure, if its considered 8+2=10 months to complete the PERM labor or we should just consider 2 months from start. Every application should go through the first part of it ( in this case 8 months). Right?
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danila
07-25 08:40 AM
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
JunRN
09-28 07:43 PM
Hopefully, they can repeat the same madness again and do it for good this time around.
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
pkjena
07-06 02:00 PM
Here are some of the stats from Mathew Oh's website:
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
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