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  • Munna Bhai
    12-17 12:25 PM
    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.

    You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....




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  • GCStatus
    09-16 04:36 PM
    http://www.immigration-information.com/forums/showthread.php?t=5701

    GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.

    Thanks for this great note, Map boiler. Just think alone for a second, what your comment has contributed, if at all it did.




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  • breddy2000
    01-30 07:51 PM
    Guys,

    as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.

    being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).

    I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.

    I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
    that is life :D

    Looks like the world we are living in does not care about conventional wisdom any more....

    --- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.

    --- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.

    --- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.

    --- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.

    --- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.

    --- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.

    And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....




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  • ksam75
    07-02 10:33 AM
    Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package



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  • marlon2006
    06-21 11:36 PM
    Wait until November for Democrats to gain control ?
    I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.

    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.




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  • psaxena
    09-10 04:00 PM
    The only way out is to either go back or get together in a group and help IV to move ahead..

    THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.

    QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]



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  • abhijitp
    07-10 01:54 AM
    Here is some more fax numbers (older entries moved to the bottom of this post):
    From http://www.edgar.k12.wi.us/cloverbelt/medialist.htm

    Eau Claire Leader-Telegram 1-715-858-7308
    Wausau Daily Herald 1-715-848-9361
    Chippewa Herald Telegram 1-715-723-9644
    Marshfield News Herald 1-715-387-4175
    Wisconsin Rapids Tribune 1-715-848-9361
    St. Point Journal 1-715-344-7229
    Medford Star News 1-715-748-2699

    TV 7 – Wausau 1-715-842-0879
    TV 9 – Wausau 1-715-848-0195
    TV 13 – Eau Claire 1-715-832-0246
    TV 18 – Eau Claire 1-715-831-1859

    From http://www.nynjtc.org/issues/natmedia.html

    New York Times: FAX: 212.556.7614
    Washington Post: FAX: 310.277.3704
    Time Magazine: FAX: 212.522.1530
    Newsweek: FAX: 212.445.4120
    USA Today: FAX: 703.247.3108
    Wall Street Journal: FAX: 202.862.9266
    NPR: FAX: 202.414.3329
    AP: FAX: 202.776.9570
    CNN: FAX: 404.681.3578
    Chicago Tribune: FAX: 202.824.8302
    Los Angeles Times: FAX: 213.237.7968
    San Francisco Chronicle: email: letters@sfchronicle.com
    San Diego Union: FAX: 619.293.1440
    Sacramento Bee: FAX: 916.321.1196
    Oakland Tribune: FAX: 510.208.6477
    Long Beach Press Telegram: FAX: 562.499.1277
    Monterey County Herald: FAX: 831.372.8401

    ___________________________________

    Here is the list copied from http://www.patrickcrusade.org/Fax.html:

    ABC WASHINGTON DC 202-887-7684
    ABC 20/20 NEW YORK NY 212-456-2969

    ABC NEWS PRESIDENT NEW YORK NY 212-456-4968

    ABC TV LOS ANGELES CA 213-557-5210

    ABC TV SAN FRANCISCO CA 415-954-7633

    ABC WORLD NEWS NEW YORK NY 212-456-4968

    AP LOS ANGELES CA 213-748-1200

    AP SAN DIEGO CA 619-291-2098

    AP WASHINGTON DC 202-828-6422

    AP (BROADCAST) WASHINGTON DC 202-955-7367

    ASSOCIATED PRESS BOSTON MA 617-338-8125

    ASSOCIATED PRESS LOS ANGELES CA 213-748-9836

    ASSOCIATED PRESS PHOENIX AZ 602-254-9573

    ASSOCIATED PRESS SAN FRANCISCO CA 415-552-9430

    ASSOCIATED PRESS MN MINNEAPOLIS MN 612-332-4245

    BOSTON GLOBE BOSTON MA 617-929-3183

    BOSTON GLOBE BOSTON MA 617-929-3192

    BOSTON GLOBE BOSTON MA 617-929-3490

    BOSTON GLOBE NEWSRM BOSTON MA 617-929-3186

    BOSTON HERALD BOSTON MA 617-426-1865

    BOSTON HERALD BOSTON MA 617-542-1315

    C-SPAN WASHINGTON DC 202-737-6226

    CBS NEW YORK NY 212-975-1519

    CBS WASHINGTON DC 202-659-2586

    CBS (RADIO) WASHINGTON DC 202-659-5578

    CBS EVE NEWS NEW YORK NY 212-975-2115

    CBS MORNING WASHINGTON DC 202-331-1765

    CBS NEWS LOS ANGELES CA 213-651-0285

    CBS NEWS SAN FRANCISCO CA 415-362-7417

    CBS NEWS PRESIDENT NEW YORK NY 212-975-1519

    CBS TV LOS ANGELES CA 213-651-0321

    CBS TV SAN FRANCISCO CA 415-362-7417

    CHICAGO SUN-TIMES CHICAGO IL 312-321-3084

    CHICAGO TRIBUNE CHICAGO IL 312-222-3143

    CHRISTIAN SCI. MON. BOSTON MA 617-450-2317

    CHRISTIAN SCIENCE MO BOSTON MA 617-289-5352

    CNBC HOLLYWOOD CA 213-465-1034

    CNN LOS ANGELES CA 213-460-5081

    CNN SAN FRANCISCO CA 415-398-4049

    CNN PRESIDENT ATLANTA GA 404-827-1575

    FORBES LOS ANGELES CA 213-478-8437

    GANNETT WASHINGTON DC 202-243-0190

    GANNETT NEWS SERVICE SACRAMENTO CA 916-446-7326

    LOS ANGELES TIMES CHATSWORTH CA 818-772-3338

    LOS ANGELES TIMES COSTA MESA CA 714-966-7711

    LOS ANGELES TIMES LOS ANGELES CA 213-237-4712

    LOS ANGELES TIMES SACRAMENTO CA 916-322-2422

    LOS ANGELES TIMES VENTURA CA 805-658-5547

    NBC WASHINGTON DC 202-362-2009

    NBC (RADIO) WASHINGTON DC 703-685-2197

    NBC NEWS BURBANK CA 818-840-4275

    NBC NEWS NEW YORK NY 212-956-2140

    NBC NEWS SAN FRANCISCO CA 415-441-2823

    NBC NEWS PRESIDENT NEW YORK NY 212-315-4037

    NBC TV LOS ANGELES CA 818-840-4275

    NBC TV SAN FRANCISCO CA 415-441-2823

    NEW YORK POST NEW YORK NY 212-732-4241

    NEW YORK TIMES NEW YORK NY 212-556-4603

    NEWSWEEK LOS ANGELES CA 213-444-5287

    NEWSWEEK NEW YORK NY 212-421-4993

    NEWSWEEK SAN FRANCISCO CA 415-788-4437

    NEWSWEEK WASHINGTON DC 202-783-6512

    NPRRADIO SAN FRANCISCO CA 415-553-2241

    NY TIMES NEW YORK NY 212-556-4603

    NY TIMES SAN FRANCISCO CA 415-421-2684

    NY TIMES WASHINGTON DC 202-862-0340

    REUTERS LOS ANGELES CA 213-622-0056

    REUTERS SAN FRANCISCO CA 415-986-5147

    REUTERS WASHINGTON DC 202-898-8383

    TIME LOS ANGELES CA 213-824-7205

    TIME SAN FRANCISCO CA 415-434-5209

    TIME WASHINGTON DC 202-463-5005

    TIME MAGAZINE NEW YORK NY 212-522-0451

    UPI BOSTON MA 617-338-9774

    UPI LOS ANGELES CA 213-620-1237

    UPI SEATTLE WA 206-283-0408

    UPI WASHINGTON DC 202-789-2362

    UPI (RADIO) WASHINGTON DC 202-842-3625

    US NEWS & WORLD REPORT WASHINGTON DC 202-955-2713

    USA RADIO NETWORK DALLAS TX 214-243-3489

    USA TODAY WASHINGTON DC 202-276-5527

    WALL STREET JOURNAL WASHINGTON DC 202-862-9266

    WALL STREET JOURNAL SAN FRANCISCO CA 415-391-4534

    WALL STREET JOURNAL LOS ANGELES CA 213-658-3828

    WALL STREET JOURNAL NEW YORK NY 212-416-2658

    WALL STREET JOURNAL SAN FRANCISCO CA 415-391-4534

    WASHINGTON POST WASHINGTON DC 202-334-4480


    Here is the list copied from http://www.mothersalert.org/mediafax.html

    CNN: 404-681-3578
    Bulletin of the Atomic Scientists: 773-702-0725
    New York Times: 212-556-7306
    Washington Post: 202-496-3936
    LA Times: 213-237-4712
    CBS-TV Nightly News: 212-975-1893
    60 Minutes: 212-975-2019
    ABC Nightly News: 212-456-3720
    UPI: 202-898-8057
    AP: 212-621-7529
    AFP [Agences France Presse]: 202-414-0524
    Time Magazine: 212-522-0323
    Newsweek Magazine: 212-212-445-5844
    US News & World Report: 212-916-7400 or 212-716-6800 -- May or May Not Still Be Working
    USA Today: 212-371-0241
    CBC [Canadian Broadcasting Corporation]: 416-205-7459
    Australian Broadcasting Corp.: 202-626-5188
    Greenpeace USA: 202-462-4507
    All International Greenpeace Fax#s Should be Accessable through: http://www.greenpeace.org
    Center For Defense Information: 202-462-4559
    Jim Hightower Show: 512-478-8536
    Pacifica Radio's "Democracy Now": 212-747-1698 and 202-588-0896
    Boston Globe: 617-929-2019
    Der Speigel: 212-302-6258
    Reuters: 202-898-8401
    PBS' "Frontline: 617-254-0243
    Penthouse Magazine:212-702-6279
    Ralph Nader: 202-234-5176
    Las Vegas Sun: 702-383-7264
    NPR's "Talk of the Nation": 202-414-3329
    Pacifica Radio, KPFK: 818-763-7526
    Pacifica Radio, WPFW: 202-588-0561
    Pacifica Radio, KPFT: 713-526-5750
    Wall Street Journal: 212-416-2653
    Christian Science Monitor: 212-764-9648




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  • mirage
    03-16 11:09 AM
    They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
    The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
    If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
    Good discussion.
    But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.



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  • neelu
    05-23 01:25 PM
    Finished calling the senators. Got hold of 2 + 7 senators.
    Started sending emails.

    Please everyone.........this is the time.
    Together we can do it.




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  • stldude
    08-13 03:56 PM
    SRC is always Texas , LIN is Nebraska. Also when you input the receipt number in USCIS case status website it tells you which center this application is with.
    can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?



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  • madhuvj
    09-17 02:33 PM
    GCStatus did not mention anything about Labor or I-140 fees here. Nor did he mention, he paid them.

    He refers to all the DOLLARS he has paid for , which means, all EAD and AP renewals ( For self and spouse) , Additional Lawyer fees incase of incorrect NOID, additional Bio-Metrics fees.

    Wait till you hear the actual Lawsuit. Long way to go. But your post helped us to clarify what we are talking about to rest of the folks like you, incase, they misinterpreted the information.

    Thanks to you.
    MadhuVJ


    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.




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  • LongWait2005
    07-19 08:05 PM
    It is really worthy contribution that one could make towards a great cause.....



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  • satishku_2000
    06-09 03:21 PM
    I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:




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  • GCwaitforever
    12-12 05:38 PM
    I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.



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  • minimalist
    08-18 02:05 PM
    My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.

    I was against SunnySurya's porting agenda and still am. But the current issue he is taking up is a genuine one. There should be a reasonable processing expectation that the earlier the PD the sooner the GC,with all other things (like category)being equal.

    However eb3_nepa has a valid point too that you can't expect to utilize core's time/energy.
    In my opinion, SunnySurya is going in right direction championing this cause.
    All the best.
    --
    EB3 -I , May 2006
    Contribution $100




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  • sankap
    07-10 12:35 PM
    @desi3933:
    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.


    2. New job is bonafide

    Where did you read that requirement? Assuming, again?

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop

    A self-employed business is always real.

    2. Business Plan, Funding to support employees
    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    3. Any contracts, orders etc
    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.



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  • tsnaresh
    11-18 05:10 PM
    I got the same response from Sherrod Brown.




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  • gcnirvana
    07-20 11:59 AM
    Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.

    I pledge $100 to Reimburse the core team now and more later.

    Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
    Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
    For that I suggest we give this thread good two days to develop and check other members responses...
    So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
    Guys: Its good to see response...Pls reply with the text "In" and the amount.

    Members,
    I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
    http://www.businessweek.com/bwdaily/...eek+exclusives

    ========================
    Message from Pappu:

    Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.

    "Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"




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  • Ramba
    07-09 02:41 PM
    Getting a letter is not a big deal. What if I am a full time consultant in that company?

    consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.




    lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




    kasanski33
    06-12 03:34 PM
    Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.

    Eb-3 Ind PD 07/02



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