okuzmin
07-10 04:47 PM
Byeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
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sumitpendharkar
06-27 03:38 PM
I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.
Googler
02-20 03:03 PM
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).
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thomachan72
01-13 09:39 PM
Do you think with a cordinated effort on part of the IV members that we could/should write a well drafted letter to the USCIS to not target H1b worker for the cause of unemployment. Highlighting the various well researched articles that clearly say that H1b creates/retains jobs and the more they target H1b the more employment is affected. The real problem is outsourcing.
I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??
I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??
more...
Lasantha
12-14 05:35 PM
Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
hiralal
06-11 10:34 PM
your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships
more...
Wendyzhu77
07-16 06:24 PM
what are you smoking today??
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pmb76
04-02 06:03 PM
The BJP manifesto seems to be the most realistic taking into account the issues at hand and the ground realities. This is a true thrust towards ardent nationalism and free market reform where the congress and it's communist allies have constantly failed to achieve.
http://timesofindia.indiatimes.com/BJP-manifesto-to-offer-low-tax-low-interest-rate-regime/articleshow/4351540.cms
http://timesofindia.indiatimes.com/BJP-manifesto-to-offer-low-tax-low-interest-rate-regime/articleshow/4351540.cms
more...
vroapp
07-10 11:27 AM
:-)
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krishna.ahd
02-14 04:11 PM
Hi Unitednations
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
more...
snram4
01-24 02:24 PM
Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that
If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.
In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.
If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.
In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.
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Googler
02-15 10:28 PM
My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
If you really want to have this change, it is the US congress that you can deal with.
As I've said, I work for a law firm.
Why don't ask your immigration lawyer first regarding the "class action" you are talking about.
(1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.
(2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).
The parallels between the those cases and the one being proposed are very strong.
Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.
(3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.
(4) First Steps
What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.
Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)
As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.
OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
**: Yes, I've sent off my letters too. I think of these two things as complementary projects.
more...
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rbharol
03-19 01:25 PM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Do it yourself. It is easy.
Thanks
Do it yourself. It is easy.
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nomi
09-29 11:00 AM
I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
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chantu
05-01 04:18 PM
Guys do not get deceive by CON/UPA govt raising voice for Sikhs in Pak. They raised it because the next phase of elections will be held in Punjab, Himachal, Delhi and Haryana where there are significant Sikh population. CON/UPA govt does not care about Sikhs. They want to cover up for the mess they created because of Tytler issue.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
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jetflyer
06-02 10:51 AM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time
You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.
You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.
more...
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gdilla
05-09 05:57 PM
Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
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cs.0
05-29 03:20 PM
hi friends,
My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.
Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.
regards,
chethan
My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.
Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.
regards,
chethan
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harikris
05-28 11:10 PM
This is precisely not what i wanted to hear.
It puts a damper on hope.
Now we have to hope against hope to see any movement forward.
There are only 3 ways i can see for improvement
1. Legislation
2. New legislation
3. And fast legislation
It puts a damper on hope.
Now we have to hope against hope to see any movement forward.
There are only 3 ways i can see for improvement
1. Legislation
2. New legislation
3. And fast legislation
jungalee43
12-17 08:20 AM
Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
NNReddy
06-15 07:14 PM
Guys, I am sure everyone in this forum will get greencard, unless they don't want it. You just need to be patient and wait for your turn. My priority date is 06/03 and EB3. I am pretty sure, I should get my GC by EOY 2011. I am in this country since 1997. Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
