leoindiano
01-08 05:21 PM
Just an idea !
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
wallpaper Golden Temple[1] (Punjabi:
EB2DEC152005
08-17 02:30 PM
:confused:
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
vinicola78
11-06 02:58 PM
I sure hope that it is not a denial. In any case, I am preparing for the worst and trying to save some money to pay the lawyers for an MTR...
2011 2010 Inside Golden Temple.
chanduv23
06-29 05:04 PM
This disclaimer in VB, does not say "mid-month". It takes about cut off dates via bulletin only. Also, this means USCIS put some thought behind the time they will have to announce cut-off dates. They new the demand will ber "very heavy".
**
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
**
This was based on information obtained then. Now they can say that they do not have enough visa numbers and all numbers are exhausted
**
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
**
This was based on information obtained then. Now they can say that they do not have enough visa numbers and all numbers are exhausted
more...
amitga
01-24 01:16 PM
Why don't you dispute the charges. Dispute the amout that they overcharged. Then Credit Card company will refund you that amount and deal with Embassy themselves. Which card did you use to pay (AMEX/V/MC). AMEX is the most consumer friendly in this regards.
I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.
I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).
I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).
Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).
It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.
I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.
I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.
BharatPremi
03-24 03:34 PM
http://immigrationvoice.org/forum/showthread.php?t=15304
more...
pat123
10-05 02:24 PM
At last, after 10.5 years, 4 employers, 2 Labor filings, 1 Perm and 2 -I 140 (One from my employer and one from my spouse employer),1 - I485 filing, 2 SR, 1 senator request, 1 infopass - Got the mail - CARD PRODUCTION ORDERED for self, spouse and son.
What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
But for now, Just going to relax and savor the moment.
Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.
My priority date : April 25 2006 Eb2
Received date: Aug 08 2007
Notice date: Sep 19 2007
I485 Approval date : Oct 4 2010
What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
But for now, Just going to relax and savor the moment.
Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.
My priority date : April 25 2006 Eb2
Received date: Aug 08 2007
Notice date: Sep 19 2007
I485 Approval date : Oct 4 2010
2010 Hati amp; the Golden Temple
grupak
03-25 09:11 PM
I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.
Thats great. Thanks for stepping up. Keep us posted.
Thats great. Thanks for stepping up. Keep us posted.
more...
needhelp!
01-11 02:44 PM
furthering the displacement of skilled American workers (programmers, engineers, scientists, etc.)How will I displace an American worker if I get a green card sooner? I am already here and already doing a job that DOL certified no other American is willing qualified or able to do!! :D
This is beyond ridiculous!!
Guys we need to send in our letters!!
This is beyond ridiculous!!
Guys we need to send in our letters!!
hair AP. People eat inside the
pani_6
08-21 08:47 PM
current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
more...
yestogc
08-27 12:37 PM
5000 minutes Limit, I did not know that ................... where does it say in fine print, do you have any link for same.
Thanks a lot for alerting everyone ...........
Thanks a lot for alerting everyone ...........
hot dresses TIBETAN GOLDEN TEMPLE
desi3933
06-16 11:54 AM
.... Why should they even extend H1 beyond 6 years?. If they do not extend H1, always new guys can keep coming on L1/H1 and the cost to employers will be much less. .....
>> Why should they even extend H1 beyond 6 years?
This is a very good question. When I was on H-1B visa, at that time, it can not be extended beyond 6 years. At that time, people will move to home country/Canada for 1 one year, plan to move to O visa if qualified, will try to regain time for out of US time etc. The argument was gaining strength that person should get green card before her/his 6 years are up. To make matter worse, H1 and H4 time was counted together.
Now, rather than providing the long term solution of increasing the quota for green cards per year, EB based applicants were offered band-aid solution of extending H1 indefinitely beyond 6 years if labor is pending > 365 calendar days or I-140 is pending/approved. This was further sugar coated that if I-485 is not approved in standard processing time of 6 months, applicant can change GC job for same/similar classification. People were very happy with AC-21 and many thought (and they still think) that getting EAD is like a provisonal green card, as they can change job easily and employer can no longer "control" them.
Now, since H1 can be extended beyond 6 years, the arguement for faster green card has become weaker. Reason is simple, since applicant can work for "green card sposoring" employer for infinite time, even if I-485 is not filed.
In my opionion, ac-21 was a band-aid solution. Strangely enough, perople are still looking for more band-aid solutions.
Well, as they say, history repeats itelf.
_________________________
US citizen of Indian origin
>> Why should they even extend H1 beyond 6 years?
This is a very good question. When I was on H-1B visa, at that time, it can not be extended beyond 6 years. At that time, people will move to home country/Canada for 1 one year, plan to move to O visa if qualified, will try to regain time for out of US time etc. The argument was gaining strength that person should get green card before her/his 6 years are up. To make matter worse, H1 and H4 time was counted together.
Now, rather than providing the long term solution of increasing the quota for green cards per year, EB based applicants were offered band-aid solution of extending H1 indefinitely beyond 6 years if labor is pending > 365 calendar days or I-140 is pending/approved. This was further sugar coated that if I-485 is not approved in standard processing time of 6 months, applicant can change GC job for same/similar classification. People were very happy with AC-21 and many thought (and they still think) that getting EAD is like a provisonal green card, as they can change job easily and employer can no longer "control" them.
Now, since H1 can be extended beyond 6 years, the arguement for faster green card has become weaker. Reason is simple, since applicant can work for "green card sposoring" employer for infinite time, even if I-485 is not filed.
In my opionion, ac-21 was a band-aid solution. Strangely enough, perople are still looking for more band-aid solutions.
Well, as they say, history repeats itelf.
_________________________
US citizen of Indian origin
more...
house tattoo golden temple inside photo. golden temple inside view.
s_r_e_e
08-21 10:46 AM
i support any action.. but writing to Uscis will help only if your interpretation of law (or lack of law) on spill over is correct. Shouldnt this be confirmed first?
tattoo The Golden Temple in Amritsar,
Cheran
04-24 04:04 PM
This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????
more...
pictures the golden temple inside.
eb3_nepa
07-10 10:44 AM
I still think, the USA is the best place for democracy loving people. Govt and its agencies try their best to be accountable to law. Now if you want our Immigration issue to be put before IRAQ in the Congress, I would think that is selfishness. I have colleagues whose sons are in IRAQ. For me their lives are more important than my GC. Now that does not mean we stop making our point to Congress.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
dresses golden temple inside. hair
sganny
05-09 12:42 PM
Maybe we can use the H-1 B reform bill, to recapture unused visas during the last many years. Make H-1 B tough but at the same time, release those green card numbers. Carrot and Stick approach.
Guys,
This is one of the key reasons why we are not successful in our mission. All we can do is "lets kill H1/L1 so I can get GC", "lets not worry about EB3 as long as my EB2 is fine!". The only way we can make any progress is to stay united. Lets not try to find carrots that would really be sticks on people who are also part of this cause.
Guys,
This is one of the key reasons why we are not successful in our mission. All we can do is "lets kill H1/L1 so I can get GC", "lets not worry about EB3 as long as my EB2 is fine!". The only way we can make any progress is to stay united. Lets not try to find carrots that would really be sticks on people who are also part of this cause.
more...
makeup house Golden Temple was in
jayleno
01-13 03:31 PM
Looks like Obmudsman office have acknowledged the problem. Just read this on their site
......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........
http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm
Once again a big Thank You to all of the volunteers behind this campaign.
......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........
http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm
Once again a big Thank You to all of the volunteers behind this campaign.
girlfriend known as the Golden Temple
kumar_77
06-29 04:02 PM
We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted:mad: :mad: :mad: :mad:
hairstyles Teachers at the Golden Temple
newuser
07-11 01:28 PM
People who know telugu can read this -
http://andhrajyothy.com/mainshow.asp?qry=/2007/jul/11new37
http://andhrajyothy.com/mainshow.asp?qry=/2007/jul/11new37
pappu
11-22 07:52 PM
Aliens and Nationality - 8 USC Section 1571
Sec. 1571. Purposes
(a) Purposes
The purposes of this subchapter are to -
(1) provide the Immigration and Naturalization Service with the
mechanisms it needs to eliminate the current backlog in the
processing of immigration benefit applications within 1 year
after October 17, 2000, and to maintain the elimination of the
backlog in future years; and
(2) provide for regular congressional oversight of the
performance of the Immigration and Naturalization Service in
eliminating the backlog and processing delays in immigration
benefits adjudications.
(b) Policy
It is the sense of Congress that the processing of an immigration
benefit application should be completed not later than 180 days
after the initial filing of the application, except that a petition
for a nonimmigrant visa under section 1184(c) of this title should
be processed not later than 30 days after the filing of the
petition.
also see
http://immigrationvoice.org/forum/showpost.php?p=198172&postcount=9
Sec. 1571. Purposes
(a) Purposes
The purposes of this subchapter are to -
(1) provide the Immigration and Naturalization Service with the
mechanisms it needs to eliminate the current backlog in the
processing of immigration benefit applications within 1 year
after October 17, 2000, and to maintain the elimination of the
backlog in future years; and
(2) provide for regular congressional oversight of the
performance of the Immigration and Naturalization Service in
eliminating the backlog and processing delays in immigration
benefits adjudications.
(b) Policy
It is the sense of Congress that the processing of an immigration
benefit application should be completed not later than 180 days
after the initial filing of the application, except that a petition
for a nonimmigrant visa under section 1184(c) of this title should
be processed not later than 30 days after the filing of the
petition.
also see
http://immigrationvoice.org/forum/showpost.php?p=198172&postcount=9
BharatPremi
09-24 06:24 PM
I completely agree with your last 2 lines. But I don't agree with the even dividing of the number into 5 categories of I,P,C,M,ROW.
Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.
As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.
That was a ateempt to establish a "fair assumtion" so It may be wrong. But simultaneously you also should not assume FIFO within EB-ROW as you tried to explain as we really do not know whether USCIS follows FIFO.. Bottomline USCIS, by law, can not exceed 9% limit for any ROW based countries (Britain, pakistan,...) as well.
Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.
As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.
That was a ateempt to establish a "fair assumtion" so It may be wrong. But simultaneously you also should not assume FIFO within EB-ROW as you tried to explain as we really do not know whether USCIS follows FIFO.. Bottomline USCIS, by law, can not exceed 9% limit for any ROW based countries (Britain, pakistan,...) as well.
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