Wednesday, June 29, 2011

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  • chanduv23
    06-26 12:39 PM
    There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

    IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


    :D :D :D :D





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  • gondalguru
    07-15 11:09 PM
    Some one has done a very good analysis in this thread.

    http://immigrationvoice.org/forum/showthread.php?t=4285&page=107

    Here is copy and paste of the post by gcobessesed

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

    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Quote:
    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Quote:
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.

    Quote:
    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
    This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.

    Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!

    Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!

    If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.

    So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
    __________________


    I am very confident that EB-2 india will become current in about 14-18 months.





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  • PR1978
    07-29 11:29 PM
    Hi,

    1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?

    2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?

    3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?

    4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?

    5) Will a Infopass appointment help in anyways?

    My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.





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  • Lasantha
    12-14 04:46 PM
    I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
    (Believe me, I do understnad your fustration. I really do)

    "equal chance to have go at his GC"

    I don't have an issue with equal chance...thats exactly what i am asking for.



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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)





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  • jaane_bhi_do_yaaro
    08-18 04:43 PM
    Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
    LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
    Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
    PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.

    I agree that it can happen to anybody. It happened to VDL Rao too!!!
    He was questioned for his accurate predictions at LAX and NY Airport every time he landed.
    But great thing is VDL Rao did not make any publicity out of that. He remained quiet as he is on this forum.

    Jai Ho VDL Rao!



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  • trramesh
    06-15 11:00 AM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.





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  • PlainSpeak
    01-14 05:20 PM
    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
    But I wouldn't hold my breath for that day...

    To VBKris77

    Now THATS what i call a solid arguing point and THATS what i call a discussion
    VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too

    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
    altering INA will also have recapture attached to it..
    My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there

    My question are -
    Would DV visa to Employment based in any form be considered as an immigration bill
    - What is altering INA
    - So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.

    Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.

    My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.

    I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years

    For a campaign
    1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.

    I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.

    If and when this bill goes for voting on the floor, I think your valid point about giving these
    immigrant visas to the oldest applicants first until current backlog is eliminated can be
    considered as a viable amendment/feedback to lawmakers..

    Ok now i am lost. What is the objective of the campaign
    1. Add the provisions to the bill
    OR
    2. Make sure that the bill passes

    Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
    course continue as is because some things need to be discussed.

    But I wouldn't hold my breath for that day...
    Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
    It was nice discussing the above with you.



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  • vadicherla
    09-04 01:20 PM
    Paul Vadicherla
    Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area

    Click the link below:

    Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)

    I am not any of these. I bet you guys .. $million





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  • sanjay
    03-31 11:35 AM
    No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.


    Dude, I am not supporting anyone here. Neither Train tragedy not the killing of 2000 innocents. No civilized person would ever support any kind of innocent killing. You missed my point here. I am born and brought up in Hyderabad old city and had seen numerous community riots for nothing. Always its the " INNOCENTS " who gets suffered. These things gets created for nothing. With no reasons. When mob gets angry its gets impossible to control them. Government should have definite guts to control.

    But being in Indian you know how much guts the Government has. Be it any party.

    I supported Modi for the development he had brought to Gujarat. Look at the development in Gujarat before and after Modi.



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  • srkamath
    07-17 11:42 AM
    The Problem is isolating EB-2 India from the Perm Approvals.

    EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.

    Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.

    Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
    This will slightly overestimate the EB2 IN numbers.
    Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.





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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?



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  • NNReddy
    04-03 01:12 AM
    1. Mayawati.
    2. Sharad Pawar.
    3. ManMohan Singh.

    one of these for sure





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)



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  • another one
    09-23 06:22 PM
    if you haven't realized it so far ... you must have been sleeping or not watching television!

    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.





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  • man-woman-and-gc
    05-31 08:33 AM
    1. Employment-Based Visa Number Movement and Predictions

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.



    Question:
    On the these 25,000 pre-adjudicated cases, does this mean that they will get a GC as soon as their dates are current? will there be additional verification done when their dates become current, like employment verification etc?
    Can the person change his/her job or take promotion etc and would still get the GC when the dates are current?

    Thanks.



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  • royus77
    06-28 09:20 AM
    (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.


    Good point.





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  • hopefulgc
    02-12 08:40 PM
    Poll results thus far: 201Yes 36No
    Wow.. guess who is unpopular around these parts :)

    As suggested by many, its time to find out what we can get together as far as commitment goes.

    I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help

    We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.


    Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work


    More info:
    ----------------------------------------------
    What: Lawsuit against USCIS

    Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.

    Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.

    How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.

    Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.

    NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.


    Great info posted by member lazycis related to this:
    http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    Original Post follows:
    ----------------------------------------------
    Clear up your mind for a little while and consider this:

    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
    The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

    As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

    We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.





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  • chantu
    03-30 03:05 PM
    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.

    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?





    stemcell
    06-01 03:11 PM
    Buddy , people do win lawsuits , against the governments.

    I am not saying sue them , and get greencards .

    Lawsuit, may be possible againstcountry quota.
    Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
    Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)

    You may have a point there...





    alisa
    02-15 02:13 AM
    How would letting "people" know that there is a problem help? The only people that matter are politicians.

    I dont' mean people in general. I mean people like you and I.
    Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
    People like you and I are.

    It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.

    From Einstein's famous equation:

    membership+funding+lobbying+patience = chance of success
    Anything else = Absolute failure.



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