nixstor
02-14 03:24 PM
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
wallpaper all the Disney characters.
qplearn
10-04 10:37 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
raydon
08-16 09:36 PM
How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
2011 Room at the Disneyland Hotel
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.
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.
more...
bfadlia
02-19 02:28 PM
You guys see everything wrong with us. If the spouse works, you will say they are taking away your jobs. If they study, you say that they pay instate fees where as you pay international fee. If they do MBA and become your manager, you will say that not only they are getting jobs, now they are bossing over us. If they stay at home, you will find wrong with that too saying that they are not doing anything but are getting all the benefits..
It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.
If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....
NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
peace..
It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.
If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....
NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
peace..
tikka
07-03 11:48 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
please DIGG!!
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
please DIGG!!
more...
snathan
05-01 04:10 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.
2010 Hollow at the Walt Disney
arihant
06-27 04:07 PM
why you stopped at 2001 ......go all the way to 0 for christ sake
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
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ash27
04-02 11:47 PM
Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....
hair Disney World in Florida or
DSLStart
09-23 09:59 AM
An excellent idea so far from any member. This can certainly make govt/congress serious about EB issues. And if govt really goes ahead and does something as mentioned in the post, it'll benefit current GC waiter homeowners to get their GC fast and also persuade GC waiters who are still on fence about home buying decision.
I fully support this effort.
I fully support this effort.
more...
EB-VoiceImmigration
01-15 03:44 AM
I'm trying to Decode this --> @#$#@$@#$X#%^^@#!$#$ :rolleyes:
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kumar1
07-11 02:40 PM
You are missing the whole pont............he wants his ass out of VISA.....any visa A1,B1.........Z1 and it includes TN
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house For example, when Walt Disney
u.misc
01-19 11:34 AM
Dude, I don't know where you come from but you have a very thorough and deep knowledge of how to run the prostitution business. However, I am sorry to say that you know nothing about consulting business.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
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lahiribaba
06-18 01:44 AM
if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.
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pictures Florida Disneyland: Shades Of
rsdang1
08-21 11:39 AM
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
dresses with a Disney character.
trueguy
10-06 06:41 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
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sc3
09-23 04:44 PM
One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get their GCs soon.
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??
Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).
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chanduv23
07-04 11:43 AM
I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
Good one - contact macaca or sertasheep
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
Good one - contact macaca or sertasheep
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amitga
02-13 10:28 AM
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
newtoearth
05-03 01:56 AM
...
matreen
02-13 12:53 AM
I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
How long do you think we are going to live like this, without hope. CIS already screwing us...what else to afriad......I disagree with CHMUR...
IV has had it's own share of success with it's approach. No other methods have succeeded so far .
Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.
community does not have the bandwidth to take multiple initiatives.
I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.
How long do you think we are going to live like this, without hope. CIS already screwing us...what else to afriad......I disagree with CHMUR...
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