Ennada
12-10 09:11 AM
and EB2-India by a month; yaaaaay :)
Looking at the way they moved the dates last year, we can expect reasonable movements only in April VB. Strictly based on last year's trend, we could see dates reaching 2005 in April and possibly 2007 in August.
Looking at the way they moved the dates last year, we can expect reasonable movements only in April VB. Strictly based on last year's trend, we could see dates reaching 2005 in April and possibly 2007 in August.
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pd052009
03-15 08:18 AM
^^^^^
arnab221
03-18 07:57 PM
On a lighter note .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
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mayhemt
02-10 10:28 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
more...
wellwishergc
07-13 10:54 AM
Right on! You are absolutely right! It just needs people to amplify their vision. Even if there is a hidden agenda for somebody else, why shouldn't you be happy if it benefits both you and the other person?
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.
The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.
I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.
What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?
Need some civility here - Please!
apb
08-16 01:04 PM
Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.
more...
bkarnik
07-25 06:46 PM
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
These
regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
These
regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
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vkrishn
07-13 09:05 PM
I called at 5PM PST after looking at USCIS website and had to enter "3" (Which basically says you have a problem with your case) after i enter my receipt number to talk to a rep. Spoke to a Rep and filed a SR. They have given me Aug 12th as the "target date" by which i should get a response. I am ok with an interview as my case is pretty clean and don't see a reason to be denied. As long as i know that the case is being processed i am ok.
Thanks anyway wait_for_ever_gc.
To the person who asked me whether i work at Cisco? : No i don't..
Thanks anyway wait_for_ever_gc.
To the person who asked me whether i work at Cisco? : No i don't..
more...
rajuseattle
07-15 07:14 PM
Thakurji,
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
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pappu
05-07 12:27 AM
cool down...I did pay for that effort, I am not a member of donor forum though..
If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
more...
rajuram
01-25 01:26 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
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ItIsNotFunny
10-15 02:51 PM
I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is PLAIN STUPID. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
more...
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sanju
11-11 11:14 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
You are kidding, right? And you expect that sending flowers and greeting card to Obama will be returned by a favor by passing a bill every EB applicant a green card immediately. I guess you have not noticed closely what is coming our way. Wait and watch, and save the money that you are considering spending on flowers and card.
.
Hope he addresses something.
You are kidding, right? And you expect that sending flowers and greeting card to Obama will be returned by a favor by passing a bill every EB applicant a green card immediately. I guess you have not noticed closely what is coming our way. Wait and watch, and save the money that you are considering spending on flowers and card.
.
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chintu25
09-10 10:45 AM
You can view the proceeding live at
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
more...
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ckichannagari
12-13 08:49 AM
That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.
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kate123
02-19 04:58 PM
DITTO!
I feel the same...
You guys are really making me laugh by having this less than and longer than 5 years arguing. If you've been on this forum long enough, you'll know the chance of this bill passes will be next to nothing.
I feel the same...
You guys are really making me laugh by having this less than and longer than 5 years arguing. If you've been on this forum long enough, you'll know the chance of this bill passes will be next to nothing.
more...
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Jaime
09-10 04:32 PM
We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!
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485InDreams
09-26 10:19 AM
Thanks all and to the blogger who found this.... This thread make me believe...
Revolution - People of common interest meet...
Collusion - People of different interest meet
Revolution - People of common interest meet...
Collusion - People of different interest meet
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ItIsNotFunny
10-15 04:58 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
EkAurAaya
07-16 07:38 PM
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
vik352
07-01 04:03 PM
Hi,
I feel that per country quota for EB green cards is ridiculous. A skilled worker from India and China has to wait for GC 10 years, whereas a person from ROW gets it in few years/months. I wish I had known all the delays/pains in GC processing before I started my career here. We should start an online petetion/a law suit to end this disciminatory quota and address it to President/all the congressman/all the media.
Simple questions in the online petition/law suit:
1) Do you think it is fair for a person from India/China to wait for 10 years whereas a person from other country gets it in few years?
2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
3) Do you think it is fair to have the same quota for India/China compared to a small country?
4) Everyone is aware of the legal immigration problems here, atlease try to make it same for everyone.
Most of us are Ivy League or good college graduates and work in good companies. We can mention our names, school and company information in the petition. All those who don't agree with me, please dont respond.
Can IV core come up with an online petition?
I feel that per country quota for EB green cards is ridiculous. A skilled worker from India and China has to wait for GC 10 years, whereas a person from ROW gets it in few years/months. I wish I had known all the delays/pains in GC processing before I started my career here. We should start an online petetion/a law suit to end this disciminatory quota and address it to President/all the congressman/all the media.
Simple questions in the online petition/law suit:
1) Do you think it is fair for a person from India/China to wait for 10 years whereas a person from other country gets it in few years?
2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
3) Do you think it is fair to have the same quota for India/China compared to a small country?
4) Everyone is aware of the legal immigration problems here, atlease try to make it same for everyone.
Most of us are Ivy League or good college graduates and work in good companies. We can mention our names, school and company information in the petition. All those who don't agree with me, please dont respond.
Can IV core come up with an online petition?
