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  • lost_in_migration
    04-09 04:35 PM
    Please check your PM




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  • dvb123
    01-11 11:00 PM
    http://docs.google.com/viewer?a=v&q=cache:YQ8A5L4qUTMJ:www.shsu.edu/~kmd007/documents/WinFSHD2Userskmd007ArticlesDouglas-NationalOriginsSystem-1.pdf+supreme+court+national+origins+quota+1924&hl=en&gl=us&sig=AHIEtbT24Qc157BZXxEE8b4o6Fcrv-YXTw

    Consequences of the
    National Origins Act
    The goal of the National Origins Act was to control
    both the quantity and quality of U.S. immigrants in an
    effort to prevent further erosion of the ethnic composi-
    tion of U.S. society. The law accomplished this goal
    using three mechanisms: capping the overall number of
    immigrants allowed into the United States in a given
    month and year; favoring immigrants from certain
    countries; and screening out otherwise qualified immi-
    grants as unsuitable to the United States during the visa
    screening process. The sorting mechanism heavily
    favored northern and western European countries. The
    temporary formula of 2% of the foreign-born of each
    nationality in the 1890 census gave 85% of the quotas
    to northern and western European nations. The national
    origins system fully implemented in 1929 continued
    the trend of both overall restriction and nation bias.
    Indeed, the act virtually halted all immigration from
    southern and eastern Europe. Thus, European immigra-
    tion dropped from more than 800,000 in 1921 to less
    than 150,000 by the end of the decade.
    In addition to controlling the volume of immigra-
    tion from Europe, the National Origins Act also
    allowed a mechanism for selection of immigrants as
    well. In its creation of consular offices abroad, the act
    provided a frontline screening mechanism for select-
    ing out those deemed unsuitable for the United States.



    http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html

    � 1981. Equal rights under the law
    How Current is This? (a) Statement of equal rights
    All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.


    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html

    TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
    How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html


    PART THREE

    ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.

    American Immigration Council
    1331 G Street, NW, Suite 200
    Washington, DC 20005-3141
    Tel.: 202-507-7500
    Fax: 202-742-5619


    Carl Shusterman

    Law Offices of Carl Shusterman
    600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
    Tel (213) 623-4592 Fax (213) 623-3720

    National Origin, Immigration and Language Rights Program

    The Legal Aid Society - Employment Law Center
    600 Harrison Street, Suite 120
    San Francisco, CA 94107
    Telephone (415) 864-8848
    Fax: (415) 864-8199
    TTY/TDD Line: (415) 593-0091
    Email: info@las-elc.org

    American Civil Liberties Union (ACLU)

    125 Broad Street, 18th Floor
    New York, NY 10004 USA
    Phone: (212) 344-3005
    URL: http://www.aclu.org/

    Center for Equal Opportunity (CEO)

    14 Pidegon Hill Drive, Suite 500
    0 Sterling, VA> 20165 USA
    Phone: (703) 421-5443
    Fax: (703) 421-6401
    E-Mail: comment@ceousa.org
    URL: http://www.ceousa.org/

    Primary Contact: Linda Chavez, President

    Equal Employment Opportunity Commission (EEOC)

    1801 L Street, N.W.
    Washington, DC 20507
    Phone: (202) 663-4900
    URL: http://www.eeoc.gov/

    National Association for the Advancement of Colored People (NAACP)

    4805 Mt. Hope Drive
    Baltimore, MD 21215
    Phone: (410) 521-4939
    URL: http://www.naacp.org/
    E-Mail: members@naacp.org







    PART TWO

    LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE

    Different Supreme Court Decisions

    http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html

    Gratz v. Bollinger

    http://en.wikipedia.org/wiki/Gratz_v._Bollinger



    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    http://en.wikipedia.org/wiki/Bakke_v._Regents



    Supreme Court Opinions

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html


    Articles

    http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm


    http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial

    PART ONE


    This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.


    Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)

    The Supreme Court has defined these levels of scrutiny in the following way:

    Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.


    In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.

    In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]

    One law firm I found dealing with Federal Litigation. There maybe many.

    http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp

    Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?

    http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html

    Antis are ahead of us in taking lawsuits to supreme court

    http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024


    OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
    Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.

    http://online.wsj.com/article/SB124640586803076705.html




    VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS

    http://www.time.com/time/magazine/article/0,9171,846255,00.html

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924

    http://en.wikipedia.org/wiki/National_Origins_Formula

    The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
    The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.

    http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses

    http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm




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  • jonty_11
    06-27 02:23 PM
    this shows that they can really work efficiently when needed.. Only they wont do it as a part of their daily Job..If they would not waste VISAS...we would all be happy!!




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  • senthil1
    05-31 01:43 PM
    Main reasons for restrictions in legal immigration are
    1. Organised compaign by anti immigrants with data. They proved that H1b persons were paid 20% below the market rate. There is no defence from orgainised compaign by pro immigrants. Pro immigrants gave the statement that shortage of skilled workers but they were not able to give supporting data. Newspaper stories are not enough
    2. Reaching h1b cap in 2 days gave negative picture instead of positive. Mostly consulting companies rushed to get h1b without valid job positions

    3. Instead of asking reasonable numbers Corporations and pro immigrants asked exemptions in H1b numbers and green card numbers. They want to make sure that unlimited numbers so that they can hire or fire anyone.
    4. Immigrants are suffering by backlogs and they are expressed by IV and Lawyers. But that is not enough to justify immigration. That should be justified with real need for welfare of country
    5. Before dot com bust even lot of US citizens welcomed H1b persons as there was not much layoffs. But past 7 years layoffs increased to outsource to India,China and other countries. For that they have to hire H1b and L1 persons from Countries mainly India. Those things made anti immigrants hardened their stand. US workers fear that they may lose job if US opens up immigration too much.
    6. Some Indian consulting companies exploited the situation by just hiring H1bs not even trying to recruit US workers even if they available. But some Indian companies like TCS,Infosys started hiring US workers nowadays because of shortage of H1b.

    H1b persons are considered as best skilled persons so Companies can afford to pay 5000 or even 10000$. Infact H1b persons should be paid 20% above US workers as they are considered as better than US workers. That is the reason for raising the fees by two thirds of Senators

    Microsoft was doing effective compaign. Infact they asked resumes from programmers Guild. If many people do realistic campaign instead of opposing anti immigrants that will be easy to reform immigration


    I am sure that the tech lobbyist are going to change the rules applied to the H1-B process, because everyone knows the effect of this to the econoomy. I am totally convinced that the strict H1-B rules will be removed.

    I am trying to figure out or want to see how or will these tech companies force or lobby to get EB relief.
    How important is EB relief for them?

    1) they can't hire brains from US universities.
    2) they can't hire those who they think would benefit the company but are stuck with their GC process with some other small consulting firm.

    I see STEM with advance degree getting relief, the current backlog will not be benefitted a lot (eg. Real hike in EB visas, Removing the country cap). I am not being a pessimist but, I do not see a light in my path. (May be my comments are wrong)

    **** Important Note****
    After the State Union Speech given by the President to change the Immigration system, we saw a huge applause by all the law makers. So many individual bills in favor of Skill were introduced. Mr Gates, in front of Senate gave a detailed explaination of our problems, we saw few bills after H1-B quota ran out on the second day of the filing date added to the senate judiciary committee.
    Our hopes increased after seeing so many favourable documents and media coverage, but what happened in the end.. Illegals were given a very very very easy path to citizenship after breaking the law.They get a relief which we can never imagine will ever happen to us.

    Let us say we get the oppurtunity to file I-485 without PD. Increase in H1-B, Increase in EB visas. But still we have to stick to an employer, can't move up the ladder because of the same Labor description needed to be mainain I-485 if we take AC21.

    I cannot digest and will never be able to digest that we are not given the oppurtunity to file our I-485 individually and work for any employer.



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  • javaconsultant
    04-13 11:16 PM
    Is immigrationportal.com website up ?

    I am not able to bring it up for couple of days...........


    How long is your current H1 valid? As far as i know, You can get your H1 extended with the new company till the present H1 date provided the pending LC is not revoked. Normally most companies do not specifically cancel the LC..so you should be fine.
    As soon as you join the new company, apply for Perm.
    This was discussed at length at immigrationportal.com website. There is a seperate thread for guys in H1 7th year extension. check it out.




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  • sanju
    09-12 01:00 AM
    Still trying to search for online videos for the interview so see the answer of Sen. Obama for the question about EB green cards.



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  • gk_2000
    03-27 10:21 AM
    You came here 6 years ago and applied for your GC only in 2010. Didnt you find an employer who would file one for you. And you also know if your GC gets screwed for some reason, then you are out of the US also.
    Looks like something is missing, Dear.
    6 years ago, in 2004 (2010 minus 6 years), there was no retrogression. And you didnt apply though you had an option. Very very funny.
    Tell me, what are the facts.

    This is merely a sampling of how people think when there is no unnatural pressure. If dates are retrogressed, you feel you better apply, whether you are interested or not --just in case. If dates are OK, you feel "let me wait and see if I like it here or not". Just a case of group thinking IMO




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  • senk1s
    09-26 11:29 AM
    http://www.flcdatacenter.com/



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  • nogc_noproblem
    07-13 11:04 PM
    Based on the various discussions in this forum, the number is expected to be around 20k. No concrete evidence for this claim.

    It will be interesting to see Sep bulletin. Because at present except EB2 I & C all other categories are either C or U. So, each and every visa will go to EB2 I & C and there will be plethora of approvals beginning Aug 1st. I-485 processing date is in July ’07 (both at TSC and NSC) and all the pending EB2 (till June 1st 06) may not be ready to adjudicated (RFE, denials, I-140 not cleared etc). If the above numbers are correct and given the fact that additional numbers will be available beginning Oct (2008 quota), there is bright chance that EB2 dates may still move further. This is my personal opinion.

    Does any one has any Idea or back of the envelope calculation as to how many EB2 visas (for all countries) may be left for the remainder of FY'07?
    The reason I am saying Eb2 all and not EB2 India, as most of the 485 applications filled in early July 485 were from India. Hence, given the new interpretation of visa overflow, almost all will be assigned to this category.




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  • aspiration
    05-01 07:56 PM
    Hi Santb..

    I have made contribution $50.00 on sunday and here you again with another $50.00 today and receipt id is included.

    Actually, i wanted to do $20.00 monthy but as i couldn't find any options, i have made this one time contribution.

    Payment Sent (Unique Transaction ID #5S198852B4649412C)
    Total Amount:
    -$50.00 USD


    Date:
    May 1, 2008
    Time:
    16:57:12 PDT
    Status:
    Completed


    Subject:
    Immigration Voice
    Shipping Address:
    No Address Provided



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  • immi2006
    07-05 09:50 AM
    So based on what you mentioned below :

    Persons who sent their apps, now if they become curent in Oct, they will process those applications. And all others appls will be returned by Oct/Nov 2007 ?

    Seems like folks have to wait in dark for 3 months ? are u sure about this ? or is it hearsay ?




    I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.

    The other thing they should also do is accept all 485 applications till the end of July and process them likewise.

    Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...




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  • EkAurAaya
    06-26 07:26 PM
    I got the email "card sent for production" yesterday... EAD was applied last week of May!

    My Guess... they probably got a MEMO to drop everything and approve all EAD apps before June 30th :rolleyes:



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  • Libra
    07-21 10:16 AM
    This is the most stupid thing i ever heard. sorry if i offended you by saying this, but i myself wish you should be first in the line than me. We(most of us whose pd is later than yours and most of you guys) wish sincerely that you people should get GC before we get. No one opposing your cause, but we are asking to think one more time whether you'll get any benifit from this. IF YOU THINK "YES" PLEASE GO AHEAD, but dont curse or use any kind of bad words, not appreciated.

    Very few members of IV are stucked at backlog, so what i suggest is talk to core personally about your cases, ask them to help you guys in finding out what happened to your cases, if a person with pd 2005 got approved and 2004 is stuck means there might be some problem with the case filing, if not yours, your attorney might have done some mistake or so. so i personally think you should talk to core and find a way to solve this problem.

    Although, some people may call it SELFISH AGENDA and advice not to use IV platform, I strongly support the cause. Some people may advice that once the labor is cleared, people with 2001/2002/2003... PDs will be at the front of the line. But, when those old labors are cleared, will they be able to apply for I485? DOL may say that by September 30 the backlog will be cleared. Is there any gurantee? Even all are cleared, they will not be able to apply for 485 now (has to apply by August 17). I think some SELFISH people with recent PDs are scared as people with older PDs may take the quota.
    Regarding IV platform, it is an organization for the GC sufferers and by the GC sufferers. So this is of course the right place. If IV is busy with other issues, then people have to start their own fighting.

    I am neither sure about the legal complications nor have any idea about the legal fees (or who will pay it) etc. Better consult attorneys about the viability of the case.

    BTW, my labor is not in BEC and I have already contributed $500 to IV.




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  • karthiknv143
    06-26 01:19 PM
    Beast is still ALIVE !!!!



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  • rick_rajvanshi
    07-15 02:37 PM
    I know the discussion is about how many visas are remaining and we are trying to estimate it based on approved labour petitions. While the PERM data may be more reliable I have my serious doubts about the pre-PERM data. My PD is Jul 2004 and my case does not even show up in the 2004 MDB file. I think the 905 number is a severe understatement.

    It 'll not be in 2004 file ..check 2007 - when your Labor got approved.




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  • Almond
    07-05 11:51 AM
    This is what makes sense for now...calling senators/congressmen.

    Everyone, please try calling these numbers instead of USCIS customer service.


    Ok. What did you guys say when the secretary answered? I need to have my narrative ready.



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  • PlainSpeak
    03-29 05:43 PM
    Hi,

    You gulti bitch...one more time I see you fight on the forum...I am going to simply put my cock in your mouth and shut it. You want cojons...how many you take every day you ass hole. Learn to talk decently on the public forum. If you want cojons send me your address...I will come and tear your pussy.

    You low life gulti bitch. stay away from here or from Ron's blog.

    M Bolti K Bund L ?????

    What are you blabbering you low life scum bag...so many people fucked ur pussy? it stinks now.

    Ha Ha Ha Ha !!!!!
    I see you have no guts to say the same in a public thread, only in IM's :p:p:p ...
    Poor Poor Poor man so sick in the head.
    Some one get this man admitted to a mental hospital and in the same process wash hsi mouth with soap

    Yes ass hole...I am not as bad as you to talk about cojons on the publich forum. If u have the guts post ur address and so many will come and tear ur pussy. Is it so baddly....u low life bitch. You are a disgrace for entire humanity.


    Does IV tolerate this ..... ???
    Will IV fix this or should i fold up my sleeves and take care of poorslumdog myself.

    Kyunki .....
    gaali hume me aaati hai or aise gali ki sunke poorslumdog aatmahatya karlega
    aur agar shooru karungi to uska aisa bura haal hoga, Phir nahi kehana ki PlainSpeak ne gaali di
    Trasalation
    If IV does not take care of this then you will start seeing abuses from me and when i start i will not stop




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  • alex99
    07-20 10:33 AM
    Hi Gurus,
    Right now I am working for Company A and VISA with company A is valid till September 30 2007. Company B applied for Regular H1-B transfer (Receipt Date May 12) and it is still under process. I will be joining Company B on 1st October 2007.

    Now due to some emergency I am traveling to India on 11August, 2007 and will come back on 11 Th September 2007. Also I can�t go for VISA stamping in India for Company B as I have not got my H1 Approval yet.

    Given the above scenario, will I have any problem at the port of entry as my H1b transfer from company B has not been approved yet?

    What all documents I have to carry to reenter safely?

    Thanks in advance,

    Ashok




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  • Administrator2
    06-26 11:38 AM
    Dear Friends,

    A lot of us are busy getting our questions answered for filing our I-485. It is a sincere request to all members to please call ALL 100 Senators expressing your opposition to Menendez amendment SA#1317. This is an extremely important Action Item and it is time sensitive matter. Every voice and every call counts. We have all asked/answered many questions about the recent I-485 filing wave and we may have more unanswered questions that we would like to be answered right now. However, please understand that Senate proceedings, cloture vote and Menendez Amendment will govern the future shape of the entire green card numbers and the entire process. No doubt filing I-485 accurately is important for all of us. But please give due consideration to this very important events and the bill which will affects our and our families’ lives.

    Please call to oppose Menendez amendment.
    http://immigrationvoice.org/forum/showthread.php?t=5663

    Thank You!!




    santb1975
    04-26 08:27 PM
    I hope so too. Let us put our best work in to this funding drive and hope for the best


    $ 100 on 4/29 - Paypal Receipt ID: 09882903RK086923P

    Thanks and hope this bill passes for the benefit of everyone.

    Deb




    nixstor
    03-22 10:12 AM
    I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act

    "(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"

    >> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<

    Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process

    Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.



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