Tuesday, June 28, 2011

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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?




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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.




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  • rimzhim
    04-09 12:02 PM
    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

    But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)

    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.


    You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.

    Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.




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  • delax
    07-13 12:13 PM
    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.

    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.



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  • senthil1
    07-14 05:36 PM
    If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.

    If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.

    I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
    my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???




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  • alisa
    12-30 01:48 AM
    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.


    India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.


    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.



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  • alterego
    07-13 06:13 PM
    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.[/QUOTE]

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.




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  • Refugee_New
    01-06 12:38 PM
    It is very sad but please post it on the relevant site.

    I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.

    Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?

    How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.

    Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?



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  • alisa
    01-03 11:34 PM
    Could you point out the circular logic that I am using?

    But doing circles doesn't make it any less complex...one long post or may be few more (if one had something new to say ) would be any day better than doing circles. Anyways suit yourself if you are getting a kick out of it.

    Thank you.




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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p



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  • jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.




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  • Macaca
    05-09 05:51 PM
    After bin Laden, U.S. Will Look East (http://www.realclearworld.com/articles/2011/05/06/after_bin_laden_us_will_look_east_99510.html) By Daniel Kilman | German Marshall Fund

    Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.

    Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.

    Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.

    The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.

    At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.

    U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.

    During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.

    Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States


    Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
    Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
    The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
    Renren, China�s Facebook, sells shares on NYSE
    But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
    By David Case | GlobalPost
    Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
    The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
    China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
    China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes



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  • gimme_GC2006
    03-24 01:08 PM
    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.

    The point is..these are the same questions and documents Officer asked me when I went for Personal interview..

    I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).

    They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc

    There was a step in their manual, which prompted them to check visa bulletins for
    a) the date 485 was filed
    b) for the date interview was being held.




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  • Macaca
    03-13 08:29 PM
    Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.

    Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."

    The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.

    Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.



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  • unitednations
    03-24 11:39 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.

    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.




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  • arsh007
    01-27 10:50 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv



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  • NKR
    08-05 08:26 PM
    What does it have to do with immigration lines?.

    Exactly, how does your below statement fall within the immigration lines?..

    I believe you missed the entire point.
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit? .

    This is what you need to be asking and fighting for, do not say that since you are not getting benefits then let EB3 guys also not get any benefit. It is like saying that since I do not have a girl friend neither should others. Two wrongs won’t make a right.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion. .

    Some people do not port, they directly apply for EB2 (this is not that far from my story- so it's not completely fictional) but I do know people whose PD is early 2002 and still waiting just because they filed in EB3 for some reason and if they want to port, I completely understand.




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  • bfadlia
    01-09 05:18 PM
    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.

    when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
    The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
    If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that




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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.




    alisa
    01-10 11:22 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.

    Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.

    Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.

    Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.




    buehler
    07-18 07:09 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    reddiv,

    I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?



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