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  • desi3933
    08-05 10:55 PM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    So, what is your point? Why are you against PD recapture (aka porting)?

    Since you mentioned it, let me say few things about myself -
    1. I have graduate degree from IIT as well (IMHO its no big deal)
    2. I have Masters as well
    3. Took the job that pertained to my field of study
    4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
    5. I worked for Fortune 50 company (until last month)
    6. I had exactly the same medical/vacation/retirement benefits as other employees

    I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.

    PS - Last Month, I become independent consultant in my field and enjoying my work.

    Good Luck to you.

    ___________________________
    Permanent Resident since 2002





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  • StuckInTheMuck
    08-06 10:29 AM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)





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  • xyzgc
    12-27 01:05 AM
    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

    Alisa, your points are logical. If you are from Pakistan, I'm really impressed. Its a pleasure to read your posts.

    Most of the educated Pakis/muslims here on this forum have done nothing except to shower Indians with horrible, unspeakable abuses (will chop your d**k, was ur mom f***ed by Paki? to name a few) instead of explaining the opposite point of view properly.





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  • sab
    01-08 01:50 PM
    Both these incidents make you shudder in disbelief and disgust for those who believe in wars and bloodshed.



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  • nojoke
    01-04 04:22 PM
    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

    See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.





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  • Beemar
    12-27 01:19 PM
    LOL. and we know the kinda quality to expect :-)

    Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)



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  • texcan
    08-05 07:00 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Killer .....

    thanks





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  • Ramba
    08-05 02:28 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..



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  • senthil1
    12-17 02:27 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.


    What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
    This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.





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  • leoindiano
    03-23 11:03 AM
    looks like your case have been picked up for random check.......Do you have US masters degree?



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  • Ramba
    07-14 03:56 PM
    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.

    They will not give 30K EB2 visas to IN & CH in upfront. They will issue only 7% in first 3 quarter of FY. They release the unused EB2-ROW numbers and unused EB1 numbers to EB2 I ndiaand China in last 3 months of the FY, to avoid the wastage. Thats why it has jumped by 2 years.





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  • mrow
    07-07 10:34 PM
    Don't waste your time there. I too had applied for EAD renewal in March, and it expired in the end of June. Contacted the local office but they said they could'nt do anything. Got my 485 approval 2 weeks before our EADs expired! I had even contacted a senator out of desparation when the USCIS had pushed the EAD processing back by 6 months and with a mortgage payment, baby and with no unemployment benefits that would have been hell. Your best bet at this point is your senator and a good attorney. Don't worry about the attorney fees - it will be worth it in the end. Good luck, I feel for you.



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  • gapala
    06-23 10:28 PM
    Lot of folks talk about tax credit of 8000 in several threads, But, understand that a lot of us in this forum may not even get a dime in credit. There are income limits. Married and income above 170000 will get nothing.. nada. If the income is 165000, you will receive a mere 2000 and so on. Married with less than 150000 will receive 8000. For a single, the limit is 75K.

    If both husband and wife works in tech sector.. income will easily cross the limits and you will be considered too rich to buy a home and get credit... May be car credit might work for us as limits are higher... it only applies to sales tax charged on the first $49,500 of your purchase The income limit is high enough that nearly everyone will qualify. The credit starts to phase out at $125,000 for individuals and $250,000 for couples. Once you reach $135,000 and $260,000, respectively, you no longer qualify for car credit.





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  • puddonhead
    06-05 07:47 PM
    >> US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now )

    I believe this is oversimplified. You are completely ignoring the value of knowledge properties and innovation.

    Lets take the example of Boeing. 20 years down the line - it may decide that manufacturing may make more sense in China and relocate its factory. However, my belief is that it will be very difficult for Boeing to relocate all of its knowledge workers. The low levels ones are easy to relocate. But the key innovators will continue coming from the US education system. The next generation of ceramic or alloy materials to build components will be invented in US 90% of the time (It may be a bold claim - I will substantiate this in more detail later).

    If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.

    Now to my big assumption/comment about the unassailable lead in innovation.
    US is unique in that it allowed the best people from all over the world immigrate and let all ideas mingle to create great ones. No other country allowed this. No other country is even in the horizon to be doing that in the next 100 years. There are so many tech workers in Bangalore and so many manufacturers in China - how many latest innovations did you see coming from there? Unless Bangalore/Shanghai becomes the next hub for people all over the world to come in and synthesize ideas - they will never replace the US. I dont see that happening any time soon.

    And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.



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  • number30
    03-26 04:48 PM
    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.





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  • pani_6
    07-14 11:45 PM
    Pappu,

    Could you please outline what you would you say about helping EB-3 out when you meet with DOL/USCIS officials next time IV meets them...also I want you to write a full letter that address the issue faced by Eb-3 and post it for us to mail it out...I understand that letter is not perfect..but it brings the dire picture of EB-3-I..

    From what I have seen in the Fourm posts nobody clearly knows how these Visa numbers are clearly allocated and everybody has thier own theory..and you know well legislation will not come this year and we do not know the composition of new congress next year..we may have a congress that even more anti-immigrant with the slowing economy.. and EB-3 I is badly hurting..

    We cant convert to Eb-2 now its too late..LC PERM are getting Audited (Taking 8-9 months ) and no PP for I-140..even if we apply for Eb-2 now...by the time it comes ..we dont know whether Eb-3 would have moved to say 2003 making all the PERM and I-140($$) efforts go waste...


    We want to know what is in store for EB-3...some folks write that only 5 families per state are going to get thier GC in EB-3.. at the current rate 2001 Eb-3 have to wait another 5 years to get thier numbers....

    Could you in your next meeting with DOL/USCIS/DOS please bring up the issues with EB-3 now that EB-2 has some relief..and give us whether we need to convert to EB-2 or in the near future will the numbers in EB-3 move..

    Frankly I have no enegery left ...

    Pappu..you are doing a great job..I commend your efforts..please show some direction for EB-3 ..some news from DOS/USCIS would be helpful...





    I have my disagreements with the letter content and have let it known in my posts on the thread.

    Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.



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  • psvk
    08-05 04:48 PM
    Well said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.





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  • Macaca
    12-29 08:19 PM
    Troubling China-India ties (http://search.japantimes.co.jp/cgi-bin/eo20101229bc.html) By Brahma Chellaney | Japan Times

    The already fraught China-India relationship appears headed for more turbulent times as a result of the two giants' failure to make progress on resolving any of the issues that divide them. Earlier this month, during the first visit in more than four years of a Chinese leader to India, the two sides decided to kick all contentious issues down the road. Instead, Premier Wen Jiabao and Prime Minister Manmohan Singh agreed to expand bilateral trade by two-thirds over the next five years.

    But the trade relationship is anything but flattering for India, which is largely exporting primary commodities to China and importing finished products, as if it were the raw-material appendage of a neocolonial Chinese economy. To make matters worse, India confronts a ballooning trade deficit with China and the dumping of Chinese goods that is systematically killing local manufacturing.

    The focus on trade even as political disputes fester only plays into the Chinese agenda to gain bigger commercial benefits in India while being free to inflict greater strategic wounds on that country.

    India-China relations have entered a particularly frosty spell, with New Delhi's warming relationship with Washington emboldening Beijing to up the ante through border provocations, resurrection of its long-dormant claim to the northeastern Indian state of Arunachal Pradesh, and diplomatic needling. After initially seeking greater cooperation to help dissuade New Delhi from moving closer to the U.S., Beijing shifted to a more-coercive approach following the mid-2005 U.S.-India defense framework agreement and nuclear deal.

    Last year relations sank to their lowest political point in more than two decades when Beijing unleashed a psychological war, employing its state-run media and nationalistic Web sites to warn of another armed conflict. The coarse rhetoric of the period leading up to the 1962 Chinese military attack also returned, with the Chinese Communist Party's broadsheet, People's Daily, for example, berating India for "recklessness and arrogance" and asking it to weigh "the consequences of a potential confrontation with China."

    Since then, Beijing has picked territorial fights with other neighbors as well, kindling fears of an expansionist China across Asia.

    The only area where India-China relations have thrived is commerce. But the rapidly growing trade, far from helping to turn the page on old rifts, has been accompanied by greater Sino-Indian geopolitical rivalry and military tensions, resulting in India beefing up defenses. Tibet remains at the core of the Sino-Indian divide. While Chinese damming of international rivers has helped link water with land disputes, the 30-year-long negotiations to settle territorial feuds have hit a wall and gone off on a tangent.

    Little surprise a 20-fold increase in trade in the past decade to $60 billion has yielded a more muscular Chinese policy. In fact, the more China's trade surplus with India has swelled � jumping from $2 billion in 2002 to almost $20 billion this year � the greater has been its condescension toward India.

    Trade in today's market-driven world is not constrained by political disputes or even strained ties, unless artificial political barriers have been erected, such as through sanctions. The China-India relations actually demonstrate that booming trade is no guarantee of moderation or restraint between states. Unless estranged neighbors fix their political relations, economics alone will not be enough to create good will or stabilize their relationship.

    Yet ignoring that lesson, China and India have left their political rows to future diplomacy to clear up, with Wen bluntly stating that sorting out the border disputes "will take a fairly long period of time." On the eve of his visit, Zhang Yan, the Chinese ambassador to India, publicly acknowledged that, "China-India relations are very fragile and very easy to be damaged and very difficult to repair."

    Even as old rifts remain, new issues are roiling relations, including Chinese strategic projects and military presence in Pakistani-held Kashmir and a new policy by China (which occupies one-fifth of the original princely state of Jammu and Kashmir) to depict the Indian-administered portion of that state as de facto independent. It thus has been issuing visas to residents there on a separate leaf, not on their Indian passport. It also has stopped counting its 1,600-km border with Indian Kashmir as part of the frontier it shares with India.

    In less than five years, China has gone from reviving the Arunachal Pradesh card to honing the Kashmir card against India. Thanks to China's growing strategic footprint in Pakistani-held Kashmir, India now faces Chinese troops on both flanks of its portion of Kashmir. Indeed, the deepening China-Pakistan nexus presents India with a two-front theater in the event of a war with either country.

    China is unwilling to accept the territorial status quo, or enter into a river waters-sharing treaty as India has done with downriver Bangladesh and Pakistan. Yet it wants to focus relations increasingly on commerce, even pushing for a free-trade agreement. With the Western and Japanese markets racked by economic troubles, the Chinese export juggernaut needs a larger market share in India, the world's second fastest-growing economy.

    But the current lopsided trade pattern � presenting a rising India as an African-style raw material source � is just not sustainable. China's proven iron-ore deposits, according to various international estimates, are more than 2 1/2 times that of India. Yet China is conserving its own reserves and importing iron ore in a major way from India, to which, in return, it exports value-added steel products. As India ramps up its own steel-producing capacity over the next five years, China will have dwindling access to Indian iron ore.

    At present, China maintains nontrade barriers and other mechanisms that keep out higher-value Indian exports, such as information technology and pharmaceutical products; it exports to India double of what it imports in value; it continues to blithely undercut Indian manufacturing despite a record number of antidumping cases against it by India in the World Trade Organization; and its foreign direct investment in India is so minuscule ($52 million in the past decade) as to be undetectable. Such ties amount to lose-lose for India and win-win for China.

    As if to underline that such unequal commerce cannot override political concerns, India has refused to reaffirm its support for Beijing's sovereignty over Tibet and Taiwan. India had been periodically renewing its commitment to a "one China" policy, even as Beijing not only declined to make a reciprocal one-India pledge. But in a sign of the growing strains in ties, Wen left for his country's "all-weather" ally, Pakistan, with a joint communique in which India's one-China commitment was conspicuously missing.

    Growing Chinese provocations have left New Delhi with little choice but to play hardball with Beijing.

    Brahma Chellaney is the author of "Asian Juggernaut" (HarperCollins USA, 2010).





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  • HawaldarNaik
    12-26 08:08 PM
    My take on this is that there are two options

    Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts

    Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)

    Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
    Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)





    desi3933
    08-05 03:39 PM
    Don't remember exactly, I can look into the wording of the law but I think post bachelor 5 year experience for EB2 is a law and not Memo.

    Incorrect. Law does not mention 5 years. It simply says advanced degrees or their equivalent. Read for yourself (again!)

    ----------------------------------------------------------------
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    Sec. 203. [8 U.S.C. 1153]

    ....
    ....
    ....

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (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 paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.


    .....





    pani_6
    07-14 06:37 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!


    I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
    as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
    what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
    maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information