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  • vbkris77
    05-29 11:14 AM
    So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????

    Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.

    Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.





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  • nixstor
    07-03 11:55 PM
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories





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  • Marphad
    05-12 01:32 PM
    Yes, I have seen this and more than enough LTTE sponsored propoganda web sites. This is nothing new. Just beware, do not believe everything you see. Do your own research and form your own opinion.

    First fix your profile. You can't be heard if your credibility is under question.





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  • gondalguru
    07-15 11:09 PM
    Some one has done a very good analysis in this thread.

    http://immigrationvoice.org/forum/showthread.php?t=4285&page=107

    Here is copy and paste of the post by gcobessesed

    ----------------------------------

    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Quote:
    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Quote:
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.

    Quote:
    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
    This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.

    Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!

    Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!

    If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.

    So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
    __________________


    I am very confident that EB-2 india will become current in about 14-18 months.



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  • gcisadawg
    07-17 12:09 PM
    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.

    Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

    to make it simple, here is my understanding

    Vertical spill over --> PD precedes EB category and Country of Origin
    Horizontal spill over --> EB Category precedes PD and country of origin.

    Thanks,
    gcisadawg





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  • gvenkat
    02-13 02:42 PM
    What ever gave you the idea that EB ROW only wait for 3 years?

    i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...



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  • gomirage
    06-12 10:30 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.

    Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.

    To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.

    peace.





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  • tikka
    07-03 10:03 PM
    For all those that blame all the problems of the world on "illegal" immigration, including documented Latino immigrants, the news that so called "legal" immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall doesn't make the current system look so hot.

    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
    The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
    But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
    The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.

    Practically speaking, what does this mean? Tens of thousands of people who work in the United States under employment visas and their families were affected by the change. There are reports of family members flying in to apply only to have to fly back.

    Then people wonder why my faith in the immigration system and reforming it is nonexistent.

    http://vivirlatino.com/2007/07/02/even-documented-immigrants-facing-an-uphill-battle.php



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  • cbpds
    01-13 01:20 PM
    I am not sure why everyone is complaining but your post has quite a lot of facts as well, well written !!


    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • chanduv23
    07-04 11:21 AM
    DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.

    We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.

    That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.

    In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.

    REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.

    If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.

    Have a great holiday - today.



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  • BharatPremi
    12-14 05:43 PM
    Thanks soljabhai.






    Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.

    Thanks.

    I am in.





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  • hopefulgc
    02-13 07:39 PM
    this is an out of the box thinking .. deserves consideration.

    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?



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  • shukla77
    05-29 04:38 PM
    Following is my small idea

    -Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
    - Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
    -continue on this for next 3 months
    ( Key is to keep doing this every weekend 3-4 Months)



    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item





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  • samay
    07-14 06:08 AM
    [QUOTE=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):

    - my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
    - applied for LC amendment and returned original LC to BEC, right then
    - No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
    - Applied EAD and AP, on July 2nd 2007
    - meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
    - 140 that was applied in April 2007 is still pending
    - Atty says that we will send the amended LC once we get an RFE

    Should we wait for an RFE or should we inform USCIS about the amended code?


    In my opinion you should have filed a copy of amended LC with the USCIS when you received it.



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  • alterego
    12-14 01:33 PM
    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • bondgoli007
    09-23 11:07 AM
    I Support this idea!!

    For the the ones who are skeptical, there are two simple things to consider.
    1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
    2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?

    As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.



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  • Lasantha
    12-14 03:45 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.


    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..





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  • hiralal
    05-29 12:03 AM
    if your gc in pending ..don't get tempted to buy a house. here is a good report.
    ------------
    MONDAY, MAY 25, 2009
    OTHER VOICES
    The Housing Hurricane Will Howl Again

    WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices

    For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
    [ov]
    Christoph Hitz for Barron's
    We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.

    As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.

    Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.

    ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.

    If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.

    There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.

    Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.

    FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.

    Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.

    Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.

    During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)

    Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.





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  • PavanV
    09-23 03:03 PM
    I believe the proposal has to be amended, it says "20%" of the loan amount , here in CA, the houses are around 500k, 20% of which turns out to be 100k, i dont have that kind of money, looks like everybody out there seems to have ton loads of money !! (damn desis !)
    How about saying " buying a house" with good credit.





    ivgclive
    07-21 05:11 PM
    Signs and Warning...

    1. Mostly he seems to be a weird guy.
    * God has given us special white blood cells that can find these guys.
    * Listen to your inner soul when it says 'I don't feel comfortable'.

    2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

    3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

    4. His approach.
    * Are you Mr.<a name in south/north depends on your appearance>?
    * I can't believe I meet you here.
    * You look very familiar to me.
    * You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

    5. Look for these words...
    * Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
    * I have a wonderful business opportunity for you.
    * What do you do in your free time?
    * I am running a eBusiness, eCommerce etc.
    * Do you want to make use of your free time in a productive way.
    * Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

    6. Finally,
    * Can we meet sometimes this week?
    * Do you want to attend a Business Meetting (!) with top heads next week?
    * Do you want to just see what we are doing? (Why the hell I need to see?)
    * Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


    I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

    I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

    From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

    This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.





    chintanop
    07-03 04:21 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.