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  • ghouse1742
    03-30 06:03 PM
    We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!





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  • sajimm
    05-17 08:50 PM
    I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.

    04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

    The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
    Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
    Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
    It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences





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  • whoever
    02-22 01:52 PM
    whatamidoinghere, I am looking forward to hearing the statistics from you. When are you going to work on it? I





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  • BharatPremi
    12-14 05:38 PM
    [QUOTE=at0474;206395


    --What if 10% a year from one country continues for few years...
    [/QUOTE]

    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?



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  • kshitijnt
    03-29 11:20 PM
    So am I , I'm sure so are may others on this forum and in India.

    Like I said earlier, in my previous post I just summarized the performance of the last govt.So I'm sure you and others agree Congress won't get us where we want to be.(They didn't in last 5 years and look at my previous post to know where they got us)

    But looking at what is unfolding in India these days our simple and realistic ideas some how seem very far fetched .

    what's going on with Varun Gandhi?Current political scenario in India is kind of reminding emergency times. NSA has been invoked on Varun Gandhi.
    Those politicians are making fun of law.They are using NSA to finish political opponents.
    NSA is meant for nation's enemies not for politician's enemies.
    During emergency time a nation when asked to bend crawled.Hope nation stands up against the similar kind of abuse this time.

    Looks like if we have power in India we can do anything we want. No wonder all the successful film stars are jumping into politics at least in Tollywood.
    It happens only in India.


    Precisely. I fully agree. This is not much different than what Zardari is doing to Sharif or what Musharraf has done to Sharif. Congress , BJP, BSP all together shown the world what kind of third rate democracy we are.

    Although Advani does not sound more polished than Manmohan, until Sonia, Rahul, Priyanka & Varun are out of politics, I do not intend to support Congress party. On what basis is Sonia Gandhi running the country? Any qualifications? Advani is more acceptable as a real power holder than remote control Sonia.





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  • Keeme
    05-11 10:50 AM
    http://news.yahoo.com/s/ap/as_sri_lanka_civil_war


    What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.

    Congress/ Sonia is seeing this as personal which shouldn't have been the case.

    Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !

    See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.



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  • nixstor
    03-16 03:13 PM
    Unfortunately many companies are trying to woo people ignorant of retrogression and how severe retrogression is using these 2003 EB3 labor. As a matter of fact Nov 2002 EB3 labor might be of no use as well. Previously they used to ask for money, now its just the split.





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  • Marphad
    03-29 11:10 AM
    To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets



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  • Hassan11
    07-13 01:56 PM
    I agree with gdilla,

    The common factor among all these unsuccessful stories is that all of them have degrees from a foreign university (not Canadian or US degree). I am sure it will be different for people who live in the US and have work experience from a US company. Also people who come directly to Canada from their country have culture shock. That is normal for people who haven't traveled out side their country before. But if you lived in the US, society and culture in Canada will not be that different
    Again, everybody has to do their own DD before they pack their stuff and immigrate. That is just common sense



    This is the most ridiculous article I've ever seen.
    "I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.

    [QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...

    SOHAILA CHARNALIA

    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
    Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.





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  • newtoearth
    05-03 12:20 AM
    ...



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  • logiclife
    02-12 01:17 PM
    I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.

    Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.

    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.

    And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.

    So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.





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  • paskal
    07-21 10:43 PM
    guys,

    where are you seeing the year to year count of AC 21 number usage?
    i see the 2001-2003 figure in mpadapa's link, what about the rest?



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  • JazzByTheBay
    12-13 05:54 PM
    ...actually makes sense...

    jazz

    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)





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  • harikris
    05-31 01:40 AM
    [Hiralal] ... and hence a better bet would be recapture ..

    That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.



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  • PlainSpeak
    01-13 01:21 PM
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??

    In direct response to your post

    First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further

    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case

    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
    I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer


    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
    YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
    Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
    I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.

    My friend forever_waiting, I hope i answered everything to your satisfaction

    As to the below
    I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom





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  • JazzByTheBay
    12-13 05:53 PM
    The Visa Lottery (which afaik has been discontinued... )???

    jazz

    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.



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  • sobyb
    05-01 02:53 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.





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  • MYGC2008
    09-17 12:22 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





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  • gc4me
    03-28 03:52 PM
    Looks like yes. I think, I-140 need to be cleared before April 26th.
    Or the day the rule gets in effect.

    I'm more concerned about this:


    Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?

    :confused:





    willigetgc?
    01-14 11:55 AM
    You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)

    You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.

    Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that

    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.





    srikondoji
    06-26 02:17 PM
    That was an attempt to get an award for a fancy rumour.
    Yes, you can laugh.:D
    Is this a joke..let me know if i can laugh at this one.



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