arian2002
09-28 11:30 AM
Friends, found this in Yahoo today..what you all think about this?
http://realestate.yahoo.com/promo/renting-makes-more-financial-sense-than-homeownership.html;_ylc=X3oDMTFta3Jqcjk3BF9TAzI3MT YxNDkEX3MDOTc2MjA0NjUEc2VjA2ZwLXRvZGF5BHNsawNyZW50 aW5nLWJldHRlcg--
http://realestate.yahoo.com/promo/renting-makes-more-financial-sense-than-homeownership.html;_ylc=X3oDMTFta3Jqcjk3BF9TAzI3MT YxNDkEX3MDOTc2MjA0NjUEc2VjA2ZwLXRvZGF5BHNsawNyZW50 aW5nLWJldHRlcg--
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pappu
07-04 12:12 PM
Thanks you everyone and taking a lead on this thread. we must try to get a lot of media coverage on this issue.
DareYouFireMe
04-29 01:05 PM
I am not sure why it is referred as abuse...
It is available to everybody.
It is available to everybody.
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Openarms
12-14 03:06 PM
It has to be fair both ways, why can not they issue employment visa on per country basis. Then there is no argument at all. So that people won't come and stuck in the black hole.
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chanduv23
06-28 04:51 PM
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Should we change the topic of this thread - "Please file in July first week" ??
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Should we change the topic of this thread - "Please file in July first week" ??
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...
amsgc
12-13 11:11 PM
When I get a chance, I also talk to my co-workers and friends who are citizens, especially when they say - are you a citizen yet?
Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.
If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.
If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
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jamesbond007
03-27 12:40 PM
I wish India allows absentee ballot.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
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mbawa2574
02-16 08:21 AM
Sir, first, not that I will listen to you, but you have no business telling anybody that IV doesn't need them, it's very serious when every disgruntled member decides to speak on others behalf and tell people who disagree with them they need to leave IV
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
stick to arguments please instead of these endless fabrications.
Did you not write in your post said that Indians and Chinese are flooding US via bodyshopping. DO read your earlier posts before writing back here.You can speak whatever but no one will listen to your racism and bigotry at least not here. U got problems with these Indians and Chinese go somewhere else and release your bigotry. You never answered my question about rally participation since you have been planted here by some anti-immigrant org for obvious reasons. Members like you are trying to divide IV based on race and there is no place for you here.So again I will say that get out of here if you have problems with race.
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andycool
09-17 07:46 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
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dealsnet
05-18 01:42 PM
It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
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bsnf
07-10 11:08 AM
Good Luck.
I think you should publish your story.
I think you should publish your story.
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snram4
01-15 08:40 PM
USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.
Then USA become USSR and go down the toilet....
Then USA become USSR and go down the toilet....
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thepaew
05-29 10:03 AM
I guess people who work in IT have a very IT-centric world view. I don't and I know several EB1 candidates. They are extremely qualified and have extraordinary ability that can be documented with PhD, papers, patents and awards.
Even if we prevent possible abuse of this category, it will not help retrogression for EB2/3-I. The only fix is going to be legislative and we should focus our energies on that.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
Even if we prevent possible abuse of this category, it will not help retrogression for EB2/3-I. The only fix is going to be legislative and we should focus our energies on that.
I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.
more...
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ashutrip
06-26 01:57 PM
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
My labor in Atlanta....dont see it getting certified B4 August:( :(
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Caliber
06-12 04:18 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
has anyone else heard the same?
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
more...
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krishmunn
07-27 10:43 AM
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
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styrum
02-12 06:51 PM
:DI just got home from work and logged in and I thought I was dreaming !!!!!
My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?
Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:
My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?
Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:
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gc28262
01-14 10:25 AM
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
On the same lines walmart should not be doing business in US. Because all what they are doing is getting the product from real producers( farmers etc) and delivering it to the actual consumers( we customers). Walmart has no business taking a cut from producers as well as consumers.
It is none of USCIS's business to define and control the way a business operates.
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
On the same lines walmart should not be doing business in US. Because all what they are doing is getting the product from real producers( farmers etc) and delivering it to the actual consumers( we customers). Walmart has no business taking a cut from producers as well as consumers.
It is none of USCIS's business to define and control the way a business operates.
BMS
07-03 06:47 PM
sent to all foxnews email addr
bostonian28
06-17 04:08 PM
Chill out guys, looks like emotions are running very high on this thread.
The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...
On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.
So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.
The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...
On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.
So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.
