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  • mihird
    10-09 01:37 PM
    I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).

    Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.

    You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.

    Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.

    Otherwise the GC woes are the same as it would be depending on your country of birth.





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  • vdlrao
    07-21 11:43 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.





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  • Jerrome
    07-17 12:36 AM
    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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  • chanduv23
    02-13 10:11 AM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Well - Thats what I have noticed, but people go nowhere nor do they do anything for themselves. More than interest, I think people do not want to get into these things, no one wants to take unwanted risks - as thats how people percieve it. A lot of people feel IVs protocols are tough - I don't think askig people to send letters is tough.

    Talking about organization's successes - IV is not a software company attracting people to buy shares or seek advantage - for the nth time - this is not a software or IT project or a wall street financial. WSe must come out of that mind sets.

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    We are having issues - green card delays - lets think of it as an ailment that needs to be cured. Now lets do something about it. Lets go to a doctor - a doctor does not guarantee that they will cure u but gives you advice, treats you and gives you medicine and asks you to follow certain protocols. That is exactly what IV is.

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried.

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united?

    What is success? How can we achieve success? Why are we finding excuses for not doing our part? Why do we always want to praise others but not do something?



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  • GCard_Dream
    03-20 12:10 PM
    Don't even bother. I have tried arguing the same thing over and over again yet some people never seem to get it and keep comparing Canada and US. The reason people are even talking about Canada is because there is almost no hope for GC in US and people keep on saying US is better. It is but what good will it do to you if you can't stay here and enjoy the so called better opportunity in US.

    What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
    No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
    Compare US and Canada only when both options are open for you.

    I will repeat an analogy I had given earlier to describe Canada/USA compare.

    Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !





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  • gauravster
    05-29 05:08 PM
    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.

    We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.



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  • BharatPremi
    12-14 04:30 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.





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  • samay
    07-14 06:13 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.



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  • lord_labaku
    02-13 12:32 AM
    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.





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  • krishna.ahd
    02-14 04:11 PM
    Hi Unitednations
    I am reading your current and past posts recently.
    Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
    What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
    Out of Goal from IV , what is practically achievable ??

    Thanks in advance for your comments



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  • NKR
    02-15 06:52 PM
    For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
    When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.

    That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.


    If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.

    H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.





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  • gchandu
    07-29 05:41 PM
    Hi

    I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
    I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
    Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
    Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
    Please suggest a best possible way
    Thanks
    Gangadhar



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  • GetGC08
    07-29 09:07 AM
    Hi GetGC08,

    Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008

    Reply asap would be appreciated.

    Thanks.

    Hi,

    I am still waiting for the notice. Once I get it, will let you know for sure.

    By the way when did you file your I-140? What is your priority date?Which category?

    I will really appreciate your response.

    Thanks.





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  • Keeme
    05-01 03:30 PM
    When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.

    Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.

    Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?

    I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.

    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country

    My post is to just show double standard played by UPA govt.



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  • lacrossegc
    09-25 11:48 PM
    IMHO ... The reason why the bailout is needed is because credit is tight, no one has the money to lend any money to ANYONE no matter what your Credit Score is. They want money NOW and cannot wait till people will comeup and buy a home. This idea of attaching immigration related stuff will fly only if you are willing to pay a full house price and no mortgage is needed. In essence ... expanded EB5 program in the lines of the following points
    1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
    2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
    3) Program sunsets in 1 month of enactment





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  • go_guy123
    07-13 12:36 AM
    I submitted my TOEFL. I think it is enough
    toefl is not recognised only ielts is accepted



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  • swo
    07-13 02:51 AM
    I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.

    I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.

    I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.

    You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.

    It's that simple.

    One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.

    And by the way, Canada has one of the top literacy rates in the world.

    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.





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  • thepaew
    03-27 11:53 AM
    Smart Money is on Kumari Mayawati

    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.





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  • nixstor
    09-23 01:29 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis – the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor’s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most – at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT





    vikki76
    11-10 12:23 AM
    I agree with your comments-albertpinto.





    msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...



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