Thursday, July 7, 2011

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  • sanju
    04-07 11:44 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.





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  • soni7007
    08-06 04:01 PM
    Yes, i agree that it is unpredictable and no one can guarantee as to which one will move faster.
    But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)


    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?





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  • gc4me
    08-05 12:24 PM
    I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)

    Originally Posted by gc4me

    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.





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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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  • alterego
    09-27 10:39 AM
    I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.

    I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.


    Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
    To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
    My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.





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  • unitednations
    03-25 01:15 PM
    Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.



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  • jung.lee
    04-05 04:27 PM
    fide champ,

    If you can swing it in today's markets, and live through your losses, then go for it! You know your own financial and family situation the best, so only you are in really in the best position to judge what's right.

    I am in SoCal but I follow NJ through the following blog: http://njrereport.com/. Hope it helps.

    Good luck,

    JL





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  • nojoke
    05-03 09:38 PM
    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..


    What are you talking about? I said to buy house when it is cheaper. If interest rates go up, then the house price will sure come down. If I buy low, I will be able to sell without a loss. I said it is better to buy a house cheaper at higher interest rate than paying 1/2 million at a lower interest rate. Got it?

    So Manhattan prices are rising and it is ok to buy else where? You are kidding.
    Yes real estate is localized. But this time it not if you area is falling down in price, but it is by how much. Some areas fall more than others. The prices will continue to fall in 99% of the place. Please stop quoting Manhattan. How many here live in Manhattan?

    Oh, predicting in this economy is easy. The housing will crash. No question about that. Only question is by how much. The lying liars(NAR) has just said that there is going to be a correction of 24% this year for california. If they are saying this, then you know it will go down by more than 40%.

    Did you watch today's program in CNN(housing meltdown). They said that this is a ponzi scheme. It is unsustainable. It is bound to fall.

    You seem to be living in your own dream world. Stop denying the fact. Go look around and read news. Just hoping for prices not falling is not going to stop the crash.

    I am not trying to talk about selling before buying. I am telling you to buy at a lower price so that you don't loose when you are forced to sell. Even otherwise it is always a good idea to buy low. Don't you look for bargain for your clothing. You don't sell them, but you still try to get at a good price. If you are doing this for buying clothes, why are you guys so eager to throw your money away when it comes to housing.:confused:

    Before throwing the sarcasm at others, learn about the economy and where we are in housing and where it is heading. You are just playing 'I don't hear any bad news, I don't see bad news...la la la la and everything is wonderful'. Look into all the links I posted and tell me why you are confident that house prices won't fall.



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  • GCnightmare
    08-02 02:55 PM
    Thanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
    Thanks





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  • gveerab
    03-23 02:35 AM
    First sounded funny, then it made helluva sense.

    I suggest to go ahead and buy. I bought a townhome in California. I have been working here from last 8 yrs and thought enough is enough and bought the house.

    if you have plan to stay here for more than 5 yrs you should not wait.



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  • DallasBlue
    07-10 01:37 AM
    simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.

    HATS OFF!!!!!

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





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  • unitednations
    08-03 01:52 PM
    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M

    No; it is not hard to use.

    However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.



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  • ohpdfeb2003
    06-27 01:35 PM
    Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!

    No true in most cases espcially where housing is not affordable, is there a rule anywhere that tenants have to chip in 80%. There are several foolish housing investors, that I know of right now who arent even making 50% of their mortgage.

    If landlords are doing so well then who are the people undergoing foreclousures and bankruptices that we hear about :D

    Historically over a 30 year period, housing doesnt even return inflation adjusted value of money.

    What does a renter have in the end? He had the diversified returns from the downpayment money he has invested else where and difference between rent and mortgage compounded every month.

    Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.

    My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!

    not forever, only the first few years. you will have to revert to standard deduction, that samething that renter's get years down the line.

    Right goahead and deduct your business expense from your personal tax return, IRS will pay you a visit:p





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  • thuristic
    04-18 05:44 PM
    Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.

    Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!

    Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?


    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • Macaca
    05-18 05:15 PM
    How the Middle East’s uprisings affect China’s foreign relations (http://www.eastasiaforum.org/2011/05/17/how-the-middle-east-s-uprisings-affect-china-s-foreign-relations/) By Shi Yinhong | Renmin University of China

    The recent uprisings in Tunisia, Egypt, Libya and elsewhere in the Middle East have important consequences for China’s foreign relations.

    With Washington becoming increasingly preoccupied with the Middle East, it will have less opportunity to focus on China. At the same time, the return of a US policy aimed at promoting democratisation could have a destabilising effect on Sino–US relations. China might reassess how it shapes its relations with highly repressive regimes, and it will have to take into account that Western countries are now better positioned to push resolutions aimed at intervening in certain types of countries through the UN Security Council (UNSC).

    The uprisings run counter to assumptions that the predominant struggle in Middle Eastern politics is between US-backed authoritarian regimes and Islamic fundamentalism. Instead, the recent revolts involve a third force — the ‘urban underdogs.’ These popular movements are largely disorganised, have no leaders and are not based on clearly defined ideas. The uprisings are the outcome of poor economic conditions, the authoritarian suppression of fundamental liberties, and the highly corrupt nature of the ruling elite. Situational factors also play a role: the spill over effect from revolts in one country to the next; the availability of modern forms of communication to enable mobilisation; the use of symbolic places for mass gathering (in the case of Tahrir Square in Cairo); overwhelming attention from the West; and the policy inclinations of the US and European governments.

    As the Arab world transforms, becoming more tumultuous along the way, Washington will face new dilemmas, and the fight against terror will no longer be overwhelmingly dominant. ‘Pushing democracy’ has returned as a major foreign policy theme in Washington as the uprisings partially restore the West’s self-confidence, battered from the financial crisis.

    All of this has major implications for China’s foreign relations. Washington’s deeper involvement in the Middle East is favourable to Beijing, reducing Washington’s ability to place focused attention and pressure on China. But, conversely, the partial return of the push for democracy is not to the benefit of China or stable Sino–US relations. China may need to reconsider its quite amicable relationships with regimes that are repressive, corrupt and have little popular support. Beijing is insufficiently prepared to deal with dramatic political changes in such countries, clearly shown in the past when China’s relations with Iran (1979), Romania (1989) and Serbia (1999) were severely affected. This happened more recently in Zimbabwe, and now also in Egypt and Sudan. Other countries where similar developments could take place are Burma, North Korea and perhaps also Pakistan.

    The Middle Eastern turmoil is also relevant to China’s domestic stability. Some activists in and outside China are hoping for a ‘Chinese jasmine revolution.’ Beijing overreacted somewhat, particularly in the early days, by taking strong domestic security precautions despite no signs of widespread activism in China. This may have been the activists’ immediate purpose: to embarrass the Chinese government and to show its lack of self-confidence to the world and the Chinese public. This in turn could make Beijing more hesitant about deepening economic and political reforms.

    The uprisings are also affecting China’s international position with regard to the issue of intervention. Beijing probably believed they had no choice other than to allow the UNSC to adopt Resolution 1973, which gave the international community the authority to establish a no-fly zone over Libya. It was clear that the US, France and the UK were resolutely determined to launch a military strike, and certain Arab and African countries supported and even intended to join the intervention. Had Beijing vetoed the resolution, China’s relations with both the West and the Arab countries involved would have been severely strained — and the West would have still launched their attack anyway. This was a hard decision for China: Resolution 1973 could form a dangerous precedent in international law, as previous norms have been revised in favour of armed intervention in a domestic conflict. In the future, the US and its allies might reapply this, potentially to the detriment of China’s interests.

    China’s hope for stable Sino–US relations following the state visit of Chinese President Hu Jintao to the US in January 2011, and China’s important relationship with Saudi Arabia, had induced Beijing to abstain from using its veto in the UNSC. Moreover, if a similar case does occur in the foreseeable future, it seems rather unlikely that China or Russia would use their veto in order to protect the principle of non-interference. Consequently, the US and its associates in the UNSC might very well see an opportunity to act resolutely in the coming years, with the aim of effecting intervention in other countries, comparable to Libya, a country first of all not allied with them and far distant from them. This is an opportunity that has likely not escaped Washington’s attention.

    Shi Yinhong is Professor of International Relations and Director of the Center on American Studies at Renmin University of China in Beijing

    Ferguson vs. Kissinger on the future of China, and what it means for the rest of us (http://ricks.foreignpolicy.com/posts/2011/05/17/ferguson_vs_kissinger_on_the_future_of_china_and_w hat_it_means_for_the_rest_of_us) By Thomas E. Ricks | Foreign Policy
    Getting China Ready to Go Abroad
    Companies need to revamp management structures and customer service before they can compete globally. (http://online.wsj.com/article/SB10001424052748703509104576328842793701106.html)
    By KEVIN TAYLOR | Wall Street Journal
    Chinese Spreading Wealth Make Vancouver Homes Pricier Than NYC (http://www.bloomberg.com/news/2011-05-16/chinese-spreading-wealth-make-vancouver-homes-pricier-than-nyc.html) By Yu and Donville | Bloomberg
    China shafts Philippine mines (http://atimes.com/atimes/Southeast_Asia/ME19Ae01.html) By Joel D Adriano | Asia Times
    Is This the China that Can't? (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3200&Itemid=422) By John Berthelsen | Asia Sentinel
    China's Bold New Plan for Economic Domination (http://www.theatlantic.com/international/archive/2011/05/chinas-bold-new-plan-for-economic-domination/239041/) By Abraham & Ludlow | The Atlantic





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  • xyzgc
    12-26 08:39 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

    Nobody is a war monger. Killing innocent Pakistanis is the worse crime. These are good people like us.
    We want to attack terrorist camps.

    Israel is a bad example. If Israeli don't counter-attack, they will cease to exist.
    One attack will not kill the enemy. You must do it multiple times.

    To think, US will take out LeT is a good idea but its not practical.
    Nobody's gonna come to wipe your ass. You gotta do it yourself.



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  • Macaca
    04-08 05:24 PM
    I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!

    1. More stringent conditions on hiring H1B.
    2. H-1B employees can not consult: outplacement at client site is illegal.
    3. Company can not have more then 50% H-1B employees.
    4. More stringent checks by DOL when H1B is employed.
    5. H1B extension has to go through LCA (applicable to persons already on H1B).

    Further, it may be implemented arbitrarily (unspecified parts) by USCIS.





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  • jonty_11
    07-13 11:28 PM
    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
    always kep in mind that its not ur qualification that matters... its the Job Requirement that you have filed LC for?..

    i.e. You could be a rocket scientiest but if the job u work is of a software analyst..etc that DOL classifies as EB3...you are EB3....so u dont just need to change you category (to EB2 or EB1) to refile but need to change your job to one that can classify for EB2 or EB1.





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  • ssa
    06-25 03:47 PM
    You just gave an example of a guy who owns his own house.

    And who was rich first and does not consider his house as an investment!





    abracadabra102
    07-14 07:28 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?





    VivekAhuja
    09-29 01:50 PM
    All democratic party candidates and supporters MUST BE rejected and voted out from all elections - Prez, state and local elections. These people are socialist uneducated fools. All they want to do it take your money and distribute it to the illegal aliens as WIC coupons, food coupons, free health, free schools, free tution and the list goes on. Let's elect the republicans!!
    I give a damn who the candidates are - remember, a president only signs a bill into law or vetos it, he has no other power.



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