sujith1
11-23 10:06 AM
I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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kaisersose
02-21 04:12 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
mps
05-15 05:34 PM
Here is a list of F50 CEO and which college they went to,
http://www.time.com/time/nation/article/0,8599,1227055,00.html
I see very few going to top 10 colleges.
I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.
http://www.time.com/time/nation/article/0,8599,1227055,00.html
I see very few going to top 10 colleges.
I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.
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gcnotfiledyet
02-28 02:33 PM
What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.
Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.
Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.
Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.
Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.
Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.
Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).
more...
Macaca
09-26 11:06 AM
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
boreal
10-26 01:51 AM
I have to post here to get attention though I know this is not the thread ..I don't know why people are not talking about this ..there is a possibility that there may be a lame duck session for second stimulus bill ..maybe we can push for small recapture bill ..please comment and let us get IV core's attention..I can access IV only during evenings and morning ...so someone please think about this and push for this
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
more...
Macaca
06-11 02:46 PM
By having the GC, you are not an American.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
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Abhinaym
07-03 10:26 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
more...
dskhabra
03-17 09:46 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
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kumarc123
03-12 10:41 AM
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Are you really for real?
When a company goes down who is the person to be qetioned? CEO
I believe PapPu here is the main person leading?
And are you serious about contributions? What has IV achieved lately?
1 I called numerous senators
2. I send letter to white house
3. Sent faxes
What was the result? Same old bull
I agree with you on IV being the only organization, but what goos is the organization when it failed principles and objectives?
IV needs to declare their
1. Donations
2. When are they meeting USCIS, I would like to contribute to those meetings.
3. Where are all the rally's?
IV Needs to revaluate its objectives, closed door bull wont work.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Are you really for real?
When a company goes down who is the person to be qetioned? CEO
I believe PapPu here is the main person leading?
And are you serious about contributions? What has IV achieved lately?
1 I called numerous senators
2. I send letter to white house
3. Sent faxes
What was the result? Same old bull
I agree with you on IV being the only organization, but what goos is the organization when it failed principles and objectives?
IV needs to declare their
1. Donations
2. When are they meeting USCIS, I would like to contribute to those meetings.
3. Where are all the rally's?
IV Needs to revaluate its objectives, closed door bull wont work.
more...
veerug
07-03 07:55 PM
What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
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hopefulgc
07-28 01:37 PM
religion was the vehicle invented to mobilize people into groups, sects, splinters, what have you. religion divides us and makes us all weak.
God ... whether its mine or yours...we respect
religion ... whether its mine or yours... not so much
Would you be offended if your parents picture is put on a toilet paper?
Afterall they are just your body's parents, and you use toilet paper for your body. But God is the supreme parent of everyone.
Do not just pass comments on Gods of any religion just because you do not have the ability to respect other's faith and feelings.
A lot of you will go and thank God once you get your greencard or blame God if your dates do not get current. But you do not fail to make a mockery of religion or other's faith. Be a good human being first before you claim to be best and the brightest or highly skilled person.
God ... whether its mine or yours...we respect
religion ... whether its mine or yours... not so much
Would you be offended if your parents picture is put on a toilet paper?
Afterall they are just your body's parents, and you use toilet paper for your body. But God is the supreme parent of everyone.
Do not just pass comments on Gods of any religion just because you do not have the ability to respect other's faith and feelings.
A lot of you will go and thank God once you get your greencard or blame God if your dates do not get current. But you do not fail to make a mockery of religion or other's faith. Be a good human being first before you claim to be best and the brightest or highly skilled person.
more...
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Indirant
02-01 08:15 PM
Varsha,
I will be dialing in.
Thanks
Sekar
I will be dialing in.
Thanks
Sekar
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Becks
07-12 02:39 PM
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
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zuhail
03-10 11:54 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
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feedfront
09-21 05:10 PM
Well, I talked to my civil surgeon who did medical exam report. He said he no longer does this anymore. So I will have to redo exam.
My attorney will be just sending new medical report and not AC-21.
My attorney will be just sending new medical report and not AC-21.
more...
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retrohatao
01-26 03:04 PM
I find FBI security clearnce has been one of the hot issues which is causing many lime me to wait even though our cases are curent. I lost the opportunity some time back, got hit by the retrogression, still waiting for the FBI clearnace. Appreciate if it can be added as one of the hot issues.
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CSPAvictim
07-09 07:17 PM
I'm not sure I totally understand what you said, but
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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chanduv23
11-14 10:13 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
syedajmal
03-09 11:26 PM
We do have a lot of discussions and a lot of great ideas that come by, but one thing we seem to lack is the same Enthusiasm and direction we used to see from the Core. Right to me it looks like it has been a while since I have heard from them (except for hearing from Pappu but with no action item) on what is their plan and what is happening.
I don't mean to criticize them as the whole awakening and this forum is a result of their awakening. But they seem to be missing or at least haven't seen any updates. I am probably not one of the highest contributors, but for me to further contribute in the future I need to see hope in the activities here And I don't see that now.
I also don't wanna come up with fresh ideas, since we already have quite a few suggestions tabled by the core on which we need an update and also from other members.
We need leadership and action. Not more members or $$$. With leadership I think the rest will follow.
I don't mean to criticize them as the whole awakening and this forum is a result of their awakening. But they seem to be missing or at least haven't seen any updates. I am probably not one of the highest contributors, but for me to further contribute in the future I need to see hope in the activities here And I don't see that now.
I also don't wanna come up with fresh ideas, since we already have quite a few suggestions tabled by the core on which we need an update and also from other members.
We need leadership and action. Not more members or $$$. With leadership I think the rest will follow.
Jaime
09-10 12:37 PM
You have been stuck in the Labor backlog centers or name check for years - It's not our fault that USCIS is a totally broken agency and the immigration process discriminatory and arcane. We contribute billions to the economy and love the U.S. The least we can ask for is for a fair immigration process (let alone a good one) just plain old FAIR will do!
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