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  • vdlrao
    07-25 11:37 AM

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  • villamonte6100
    12-14 12:30 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,


    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

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  • jhaalaa
    01-13 05:19 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.

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  • michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.


    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.

    Thanks and best regards,



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  • vallabhu
    10-29 12:23 PM
    I like the idea I dont know if this is already discussed but one thought I would like to share

    Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.

    We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.

    Just a thought.

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  • visves
    06-26 09:27 PM
    I did clarify this with a Fragomen attorney and as per them though dates could technically be moved back in the middle of the month, this most likely may not happen in July and also maybe August since this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.

    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)


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  • satyasaich
    09-23 11:49 AM
    First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
    So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following

    It's not about ignoring any specific group of EB immigrants.


    Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.

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  • santb1975
    02-13 04:16 PM
    This is my first post which was not positive. I am backing up :). I am proud to be part of IV. I beleive in this cause.

    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.


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  • bestia
    02-14 06:40 PM
    Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
    I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
    We'll send the cheques tomorrow!
    I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
    Any idea if it takes longer than 90 days?
    thanx all of U 4 your answers.


    I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.

    Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.

    I also learned a lot on IV :)

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  • another one
    09-23 06:32 PM
    The congress is fully occupied with the housing issue right now. Should we sent to all congress members instead of a selected few?


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  • PlainSpeak
    01-13 06:56 PM
    My friend ..I care for you.

    Ahh MC you are a charming person using your charm to hit below the belt
    Now what do i do with you....

    I guess i will let this slide because i am not sure what your intentions
    If your next post are more informative maybe there would be a better reply (I know not that you care)

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  • panini
    05-11 05:32 PM
    Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.

    As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.

    Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.

    I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.


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  • Bpositive
    07-22 09:17 PM
    I am the primary application on my I-485 EB2. I have a valid AP. With the massive time it is taking to get the GC, I am considering working in India - with same employer; same salary. Can I do it and come back into the US while AP is valid?

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  • 485_se_dukhi
    07-26 08:54 PM
    I think the reason people get defensive is because love for your country is an emotional topic (some might call it patriotism)...just as love for your mother (or parents) or religion or political party etc. These are deeply personal issues. When you question any of these, expect fireworks.

    Many people migrate for better opportunity/ better lifestyle. Is that enough reason to question why they still love their original country? I might move from Lucknow to Bombay (for those of you who don't know these places, please substitute Wichita to New York) for the same reasons. Does it mean I stop being nostalgic about Lucknow? or stop loving it? How does migrating affect my love for the place one was born and brought up in?

    Needless to mention there are people from different countries in this forum. So lets refrain from implying that people who immigrate should not love their original motherland/fatherland etc.

    Actually its getting quite ridiculous now. So may I again request the moderators/ admin to pls close this thread. Thank you.

    I think this thread has definitely deviated from its main theme.



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  • binadh
    07-11 12:45 PM

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D


    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?

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  • snthampi
    07-28 12:18 PM
    I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)

    you people are fighting for two totally different reasons

    (1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.

    (2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).

    how do you advertise your product/site ?????

    when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.

    this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.

    most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??

    to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p

    to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)

    all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.

    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.


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  • Ramba
    05-11 11:53 PM
    As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
    However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.

    ---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.

    But when it comes to you you want many factors considered. Why the double standard?

    Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

    Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

    -----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.

    Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

    ----May we know why one should not compare India's role in Bangladesh with SL?.

    The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.

    Flag burnig is a criminal offense in India, just FYI.


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  • dallasdude
    05-29 01:35 PM
    For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

    I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....

    Don't those knuckle heads infiltrate other countries in the world too? This is ridiculous. What a frickin mess we got here!

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  • sumagiri
    07-25 08:40 PM
    I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??

    "I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.

    Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".

    IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.

    Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?

    09-24 04:41 PM
    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Are there any influential members in either house that are also pro-EB that we are especially targeting? I mean since House and Senate is debating on the bailout plan now and with McCain going back to DC to reach some agreement, there will be different ideas that can be included in the bailout, if we can get our idea across a few influential and sympathetic Representatives, they might come up with some proposal that will include this. I am sure Core is working with our lobbyists on this so I urge everyone to please send out emails.

    07-27 02:18 PM
    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.

    Good luck then!! I really hope that you get to go to Peter Island one day..

    By the way I realized while reading your reply that I had made a typo in my original message. The disclaimer claims that the average IBO makes $115 a YEAR not month.