Tuesday 28 June 2011

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  • gchopes
    06-06 11:06 PM
    Buying a house at or around the same rent and availing the 8K credit doesn't seem like a bad deal to me. GC or no..most have EAD (at least Jul 07 filers)..so if we lose our job we would be in a similar situation as a GC holder..having a form of work permit so employer doesnt have to sponsor us.

    Uncle Sam is never going to give u 8K in the next 10 years that we will be waiting for getting our GC. So buy now before the rates get back to 7-8%.




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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.




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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.




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  • Macaca
    03-06 09:04 PM
    The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
    Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    Top 19 Employers of New H-1Bs Petitions Approved in FY 2006

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    MICROSOFT CORP. 1,297
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    I-FLEX SOLUTIONS INC. 695
    HCL AMERICA INC. 652
    LARSEN & TOUBRO INFOTECH LTD. 624
    TECH MAHINDRA AMERICAS INC. 614
    INTEL CORP. 613
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    POLARIS SOFTWARE LAB INDIA LTD. 497
    MPHASIS CORP. 445
    SYNTEL CONSULTING INC. 415
    ERNST & YOUNG LLP 396
    LANCESOFT INC. 394

    Other 88,070 (80.3 percent)
    TOTAL 109,614 (0.07 % of U.S. labor force)
    Source: USCIS
    Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
    The number of approved petitions for new workers is not identical with the number of workers on the job because

    workers are occasionally sponsored by more than one employer,
    the job offer may subsequently be withdrawn,
    the job offer may be declined, or
    the worker if residing outside the country, may be denied a visa.

    The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
    Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
    The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
    The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
    The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.

    Pages 11-12

    Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    HCL AMERICA INC. 652
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    MPHASIS CORP. 445

    Total 14,768
    The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
    The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.

    It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
    The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
    Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.

    Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
    Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
    Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007



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  • desi3933
    08-06 02:00 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Just gave you a green.

    Have a good day!




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  • unseenguy
    06-20 03:38 AM
    Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.



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  • pani_6
    07-13 04:54 PM
    Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..

    This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $

    Come on Guys
    Action & Urgency!




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  • ThinkTwice
    09-26 02:32 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.


    Good Companies provide private insurace. Both we and my wife have offers from companies in London and have Private Insurance in our Benefits package.



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  • Keeme
    12-18 05:02 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    Palestine -
    Iraq - Aren't you glad to see people are free from dictatorship of Saddam ?
    Afghanistan - Can you name a place on earth which is worst than this country ?Have you seen video how they treat woman ? Have you seen how school girls were thrown acid for attending a school ? Help Nato/ US/ other country to help those poor souls.

    Somalia
    Darfur - Do you really know what is going there ? I wonder why not Middle-east country has come forward to stop that killing so far.
    Chechnya
    Kashmir - More, (may be 1000:1 ratio) pundits/Hindus have been killed there. As I have heard, they had cut 100s Hindu women's **** and hanged in line in main street ! Can you imagine being refugees in your home country !

    Gujarat... - Get your facts clear.Muslims are much safer/prosperous in this state. Riots were normal for all of you till the killed Hindus numbers were higher than killed Muslims. some 1000 local were killed in 2002 including 400 + Hindus. People do not mention what happened before in that burning train and 100 + pilgrims were burnt alive.

    Accept that there is a problem and fight how you can change it. Today some one is become victim, tomorrow it will be your turn. Doesn't matter where you are from/which religion follow.




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  • Waitingnvain
    01-30 10:24 PM
    I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.



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  • srikondoji
    08-11 04:07 PM
    I heard one of Lou Bobbs TV show few years ago.

    This is what he had to say about productivity.

    He said that average productivity of an american is greater than the productivity of 3-4 Asians and then went on to ask, why is then corporate american sending jobs outside of united states?.

    If i was in front of Dobbs on TV show, this is what i would like to say.

    "The avergae salary of an american is more than the average salary of 3 to 4 asians and this is one of the many reasons why corporate america is sending jobs to Asia."

    In an economic slow down, productivity VS saving money, saving money always wins. Even though cheap labor was the reason for out sourcing, now it is apparent that availability of talented pool is the reason to continue outsourcing.




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  • pvadiga
    09-30 09:26 AM
    Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk

    I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer

    We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S



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  • gc4me
    03-25 02:05 PM
    my 2 cents about real estate ......

    Think these 3 things before buying a house

    1. Location 2. Location and 3. Location

    The same house in Queens, NY is 900K, In Bronx, NY 400K, In Edison, NJ 700K and in Detriot 200K. Do the math.

    Also read this news.....I guess wait 6 more months before you buy a home
    http://biz.yahoo.com/ap/080325/home_prices.html




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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?



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  • NKR
    04-14 02:30 PM
    wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
    you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
    basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!

    Glad to know that you remember me. I don�t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.




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  • Macaca
    12-28 07:35 PM
    Unique India jail outsourcing unit set to begin (http://www.bbc.co.uk/news/world-south-asia-12065555) By Soutik Biswas | BBC

    In a sprawling conference hall in a prison on the outskirts of India's southern city of Hyderabad, a dozen-odd prisoners are tapping away furiously on computer keyboards.

    It is an unusual sight: the prisoners, mostly sentenced to life for murder, are training to become workers in a unique outsourcing unit that is coming up at the impressive 43-acre Cherlapalli jail.

    They are in the middle of a typing accuracy and speed test, having been set a target of typing 35 to 40 words a minute. Other prisoners are shadowing them.

    Of the 2,000-odd inmates, nearly 70 are engineering graduates, say prison authorities.

    By end of January, they believe, India's first BPO [business process outsourcing] unit in a prison will begin working with 50-odd inmate "employees" from an in-house meditation centre which is being transformed into a factory.

    'Expecting orders'

    It will specialise in non-voice based, off-line outsourcing work like digitising records, legal documents, scripts, manuscripts and text books, and medical transcription, says K Mohan Menon, a manager with Radiant Info Systems, a US-based info-tech company which is assisting the venture.

    It helps that Hyderabad is a BPO hub, generating some 50 million rupees ($1.1m; �717,922) annually in revenues from non-voice based business alone.

    "We cannot let prisoners get online and communicate with the outside world. So we opted for an offline business. Some people and companies have already shown interest and we expect some orders soon," says prison chief G Jayawardhan.

    The convicts get a paltry 15 rupees [33 cents] per day for other work like making steel furniture or working on looms in the prison, but authorities expect to pay them 100 rupees [$2.2] to 150 rupees [$3.32] a day for working in the BPO unit.

    M Nageshwar, 37, a software engineer who worked with a company for 10 years before he ended up in prison, is leading the pack of convicts who are training to work at the unit.

    He was found guilty of killing his wife - he says she committed suicide - three years ago and sentenced to life.

    Mr Nageshwar has contested his conviction in the Supreme Court.

    "I am excited about the project. Educated people like me can easily slip into depression when they are incarcerated. It is a relief for convicts like me and a good opportunity to prove ourselves," he says.

    "Also, remember," he whispers, "an idle man's brain is a devil's workshop."

    G Rama Rao, who was sentenced to life 15 months ago for murdering a political opponent - he says it was a case of "political conspiracy" - echoes a similar sentiment.

    Mr Rao is a postgraduate in commerce from a leading university and owns a rice mill, which his family runs in his absence.

    "As an educated man, I can't find good work in a prison and get bored. I can't do all the factory work here. At my rice mill, I did my accounts on the computer. So I will use my skills to spend time better," he says.

    'Living in hope'

    Most convicts believe that their work experience with the outsourcing unit will fetch them jobs if and when they are released.

    Ravi Kumar, 26, was an army clerk for seven years, before he ended up shooting a colleague dead while he was posted in Indian-administered Kashmir.

    A commerce graduate, Mr Kumar says he has worked on computers in the past.

    "When I come out of prison, this is going to help me," he says.

    Twenty-four year old Mahesh Goud, who has been in the prison for 14 months in connection with the murder of a friend, is an electronics graduate.

    He worked in a hydroelectric plant as an electrical engineer for nearly two years, earning $280 a month till the crime.

    "I am feeling useful again. I am spending time more fruitfully. I hope this is a success," he says.

    Bank manager Ratna Babu, 53, was working with a state-owned bank before he was arrested on charges of misappropriation of money, a charge he denies.

    The case dragged on for 13 years before he was sentenced to six years in prison about a year ago.

    Mr Babu says he began learning computers only three months ago.

    "After I am free I will never get a job in a bank. I want to work for a BPO then. This training will stand me in good stead.

    Mr Goud agrees wholeheartedly.

    "It will help in my future. All of us will be released one day. All of us have to go out and find work then. This experience will help us. We all live in hope, don't we?"


    Outsourcing unit to be set up in Indian jail (http://news.bbc.co.uk/2/hi/south_asia/8677486.stm) By Omer Farooq | BBC



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  • alterego
    09-27 09:04 PM
    The Nov. bulletin will very much depend on whether the USCIS has completed their inventory evaluation process or not. If not then it will be a reprint of the Oct. Bulletin, if they have then I anticipate good EB2 I movement and fair EB3 I movement. EB3 ROW should see more gradual movement.




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  • dontcareanymore
    08-05 12:45 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?

    How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
    How about to see how long you have been with your employer and how long you intend to stay ?
    How about investigate all other GC apps from your employer and compare your job duties to to others

    I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.




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  • NKR
    03-25 02:13 PM
    If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.

    I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.




    xyzgc
    12-28 01:56 AM
    I am begining to beleive that WAR is not the answer, even though for the past 20 odd years, they have bled Kashmir, driven certain relegion members out, making them penniless, killing some of them and their family members mercilessly, doing the same in punjab (thanks to KPS Gill that was eradicated from the core), and using India's peace meaures in the last 7 odd years to infilitrate members who have created havoc in India.
    What India needs to do is strengthen internal security ('our sardar.....the chief...respectfully meant as i am a admirer of him, has done the right think by bringing in his most trusted man, PC to run home ministry....that man has been an asset in which ever position he has held....man of v.v. high integrity and honesty like our chief)
    Secondly as i said before,...... the super powers also are pretty much behind India and will not make the same mistake as they have done in the past as they know that this is universal/global problem...and the doublespeak will not work...the worry is....who to talk to there...(neighbouring country)....there are so many power centres....its total chaos....so i agree we should not go for war as that could be disastrous and open a exit strategy for all the dangerous elements and give them a longer/extended life to survive..........and continue with their nonsense......globally....WHY because once the war breaks out these dangerous elements will use their deadly toys that they have been provided with thanks to some of the regional powers....who....will then step in and insist on a dialogure....peace...etc etc..
    I am also surprised how sri lanka has agreed to go ahead with their cricket tour...i mean come on such a huge incident....in India....clear evidence...and to think and we sacrified a leader(possible PM) for them....STRANGE Behaviour....

    Without doubt, the internal security needs to be strenghtened. That is absolutely necessary. But is that sufficient?

    Why spend $26 billion yearly on defence budgets, if we are not to fire a single missile, worrying about the repercussions and what the dangerous elements will do?
    Is this only to be used in another Kargil-like war? WIf the answer is yes, that at least we should reduce our defence spending and divert it to make our nation secure. There is no possibility of that happening either.

    What is the probablity of another Kargil when a single terrorist attack is sufficient to throw the country into chaos?
    The whole idea is to destroy these terrorist outfits. Pakistan is not doing it. Should we not do it using our own arms?




    sri1309
    08-13 07:43 PM
    Guys,

    We saw the September bulletin..
    We knew what to expect..
    But we were all a little hopeful to see some miracle happen.
    And we were doing this every month.

    NOW comes the count down we all were waiting for the last few months. Oct bulletin. In that, most of us are expecting some good news.. But what if it moves 3 months forward.. What if it moves 2 years forward. Then it will stop there for next 1 year, while we check every month.. Then it moves back.. Do we want this..
    Its not going to make much difference to most of us here.
    THIS IS THE TIME TO ACT NOW. We must all do some campaign may be flowers, may be cards, or I donno.
    I have written to all the six members or reps to help us, but a bunch of mails will not help. JUst imagine if all the people in waiting sent the letters. Imagine 100,000 mails going to each of them, or 100,000 flower bouquets going to all.
    Please please, lets act now. These small fixes cannot help us. If they want to put any quota limit, that should be at the main entry level whatever the non-immigrant category. Not at the other point when people start applying for GCs and suffocate here. We dont deserve this.
    Please Lets act now., ONce again.. We did it in the past and it helped..
    We need to do it again... Together we can do it. Together ONLY we can do it..

    Sri.



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