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  • nogc_noproblem
    08-05 01:49 PM
    A man was sitting alone in his office one night when a genie popped up out of his ashtray...
    ... and said, "And what will your third wish be?"

    The man looked at the genie and said, "Huh? How can I be getting a third wish when I haven't had a first or second wish yet?"

    "You have had two wishes already," the genie said, "but your second wish was for me to put everything back the way it was before you made your first wish. Thus, you remember nothing; because everything is the way it was before you made any wishes. You now have one wish left."

    "Okay," said the man, "I don't believe this, but what the heck. I wish I were irresistible to women."

    "Funny," said the genie as it granted his wish and disappeared forever. "That was your first wish, too!"

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  • insbaby
    03-23 12:20 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.

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  • sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.

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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.


    US Permanent Resident since 2002


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  • mpadapa
    09-26 11:07 AM
    Sen. Obama's proposals to invest heavily in alternative energy will spur a lot of innovation and high-skilled immigrants can be a great part of that initiative. I would rather see piece meal approach like recapture, STEM, etc rather than the CIR, but will Sen Durbin let it happen?? If CIR 2007 is brought back then EB backlogs will further increase, remember the back logs created by the 245i applicants (in 2000) we are still recovering from that. High-skilled immigrants can only be benefited by bills like recapture, STEM, country quota removal, etc.

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  • reddymjm
    08-05 10:32 AM
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

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

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

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


    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?


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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees

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  • Macaca
    07-31 05:00 PM
    No Recess For K Street: ( Lobbyists Plan Outreach Efforts In Districts, on Campaign Trail By Kate Ackley, ROLL CALL STAFF

    The countdown to the August recess has entered its final stretch with just one week to go. But for Washington, D.C., lobbying organizations, the steamy month of Congressional downtime means a lot more than slipping out of town to sip pi�a coladas on the beach.

    It's an opportunity to contact Members back home in their districts and to mobilize constituents with issue ads and special events. The break also gives lobbyists a chance to set up along the campaign trail to push their agendas with presidential candidates in ocean-free zones such as Des Moines, Iowa.

    Usual suspects AARP, the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America plan to hit the road in August along with some grass-roots newcomers, including ONE, the organization founded by rock star Bono.

    "August is a critical month," said James Fuller, a managing director at Public Strategies Inc., which is working to shape patent legislation for the Coalition for 21st Century Patent Reform. "When Members go home they hear about all these types of issues. Now's the time when they take notice."

    Fuller's coalition plans to organize in-district meetings, letter and e-mail writing campaigns, and efforts to get its allies to be vocal participants at Members' town hall meetings. Fuller said all of this is intended to help lay the groundwork for upcoming action in September on patent reform bills in the House and Senate. Targets of the coalition's August lobbying efforts, he said, include Democratic Sens. Dianne Feinstein (Calif.) and Edward Kennedy (Mass.), among others. "We're going to be very aggressive in August, reaching out to companies in states we know we need," he added.

    Bono's ONE campaign also is planning a major effort in August, said the group's Kimberly Cadena, asking its 2.5 million supporters to speak with their Members when it comes to the farm bill and other items.

    "ONE will kick off the August recess with a grass-roots legislative briefing on the evening of August 2," Cadena said. Over the recess, ONE members, sans Bono, will be lobbying for the Education for All and U.S. Commitment to Global Child Survival bills, she added.

    Divided We Fail - a health care-focused effort sponsored by the AARP, Service Employees International Union and Business Roundtable - plans to hit the Iowa State Fair on Aug. 10 to make sure presidential contenders hear their views.

    And Bill Miller, vice president and political director with the Chamber of Commerce, said his group dispatches lobbyists on the road during every Congressional recess.

    "We decided this year to put an increased focus on doing those visits to Congressional districts and states where lots of our issues are in play and Congressional districts that are also politically in play," Miller said, adding that fundraisers also are a component of the chamber's August outreach to Members.

    Miller's team will focus on restarting the free-trade agenda, the stalled efforts on immigration reform and stymying union efforts in Congress including the card-check bill. "Whether you're a union company or mid-sized, little guy or not, the passage and enactment of something like this would have severe consequences for the United States economy," he said.

    On the other side of the political spectrum, the liberal group Campaign for America's Future is planning a barrage of targeted ads, direct mail and local press events.

    "The Campaign for America's Future plans to take the gloves off this recess to ensure that Americans are clear on who is pushing for change and who is standing in the way," said Toby Chaudhuri, the group's communications director. "The conservative minority has chosen a strategy of blocking legislation at a record pace in the Senate. We're going to expose the obstruction."

    The private equity crowd, which is working to fend off proposals to increase taxes on the industry, is planning to continue making its case during the recess, said Robert Stewart, the Private Equity Council's vice president of public affairs. "It makes much more sense for the country, for the economic growth of the country, not to single out private equity for punitive tax treatment," he said.

    America's Health Insurance Plans - which went on the air last week with ads defending the Medicare Advantage program that is on the chopping block to help pay for the State Children's Health Insurance Program - is planning to run more ads in targeted districts, depending on how this week's SCHIP debate turns out. AHIP will be working closely with seniors who use Medicare Advantage through the Coalition for Medicare Choices, said AHIP spokesman Mohit Ghose.

    "We are going to ensure that every Member of Congress understands what the impending cuts being proposed in the House mean for their constituents," Ghose said. The 400,000 volunteer members of the coalition, he added, "will go to town hall meetings and interact at the district office."

    Also on the health care front, PhRMA plans to fuel up its Partnership for Prescription Assistance bus, which will roll into several Members' districts over August, including those of Reps. James Clyburn (D-S.C.), Gene Green (D-Texas) and Tim Murphy (R-Pa.). The PPA is a pharmaceutical company program that helps pay for medicine for low-income people. PhRMA Senior Vice President Ken Johnson said the bus already has done 13 events but plans to ramp up the tour in August.

    "August is important for us because it's the one time a year when most Members are back home in their districts," he said. "During August, we have the opportunity to hold a significant number of events."


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  • Macaca
    12-29 07:52 PM
    Foreign dignitaries chafe at TSA policies ( By Colum Lynch | Washington Post

    Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.

    At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.

    The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.

    Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.

    The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.

    Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)

    In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.

    For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.

    The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.

    "Let me be very frank that this is unacceptable," Krishna said.

    Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.

    State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."

    A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.

    Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."

    Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."

    "United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."

    In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.

    Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."

    He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.

    But other diplomats from South Asia say they have had no trouble with the TSA.

    Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."

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  • alterego
    07-14 01:12 PM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    "Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.

    The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.

    Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.

    The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.


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  • go_guy123
    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.

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  • gomirage
    06-07 01:05 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.

    So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.

    Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.

    This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.

    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.


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  • immique
    07-14 01:30 AM
    what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.

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  • Sakthisagar
    07-29 03:27 PM
    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.

    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.

    What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.

    We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree


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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

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  • CreatedToday
    01-08 03:18 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?

    From Forum Moderator

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,




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  • inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)

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  • snathan
    01-06 05:56 PM
    Exactly. Hamas was the need of the hour for Palestinians and that why they choose their government. We may call them terrorists, but they are their legitimate government. People always chose leaders who fight for their right. Now you brand them terrorist and that will give you free hand to kill them and their people. Thats what happening. Isreal doesn't want anyone to stand up to their aggression. At the end, its poor people and children who get killed.

    If Hamas is the need of hour...why you cry foul?

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  • gcdreamer05
    03-24 08:06 AM

    I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

    It is nice to see USCIS becoming more proactive...all the best!

    Pagal did they ask you too for client contract letters ?

    07-13 05:51 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initiatives like - call campaigns for House bills...etc. As I have said before IV is working for one and all...w/o caring for their categories. It was not IV that created this spillover policy...however IV is the one that will fight for you irrespective of whether you are EB1, 2 or 3. The key is to post a united front and some level of participation from every member...I was sad to see Pappu publish low numbers for contributions and phone calls....and only wish we would come together as a group rather than breaking apart.
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 is not that it is current

    08-06 01:41 PM
    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).