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  • pete
    04-09 11:33 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants". I think they ought to have some kind of licensing.
    Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.




    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.





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  • Refugee_New
    01-07 09:28 AM
    Hey Refugee_New, why the hell you gave me red ("what other site - refugee!").
    Go ahead & post it on the some news websites THAT ARE NOT RELATED WITH EB ISSUES. THIS FORM IS ONLY FOR EMPLOYMENT BASED IMMIGRATION RELATED ISSUES PERIOD & END OF DISCUSSION.
    As I already said it is very sad to hear innocent kids got killed. Opening a thread here & giving your baseless comments will not going to help the ppl suffering over there so why not you go over there and help them out by fighting with Israeli forces instead of whining here.

    GCBatman, i didn't give you red. Let me know how to give red or green. I never tried this before.





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  • TomPlate
    01-06 04:56 PM
    Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.





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  • SunnySurya
    08-05 02:21 PM
    Almost all the porting cases I know falls in that category. Only those people who has resources and means to do this will be able to do it. And guess who are those people...

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.



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  • cygent
    06-25 08:17 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.

    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.





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  • DSJ
    05-16 08:26 AM
    Cool down.....

    I am not saying Infy and others are doing it right. If US asking more explanation that is fine with me, they should have used their brain before approving cases, not after. My point is consulting is not new to H1, even so called big company also do that via "permanent job".

    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.



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  • Macaca
    03-06 09:00 PM
    A Peek Into Corporate America (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501370.html)

    Not waiting for Congress to impose new disclosure laws, shareholder activists have persuaded some of the nation's largest companies to disclose their political spending on such things as issue campaigns. General Electric, Hewlett-Packard and American Electric Power recently agreed to report how much they give trade associations for politics and lobbying. Home Depot said it would report "soft money" gifts such as corporate donations to political advocacy groups.

    The decision was announced by the Center for Political Accountability, Trillium Asset Management and Green Century Capital Management. The four companies join 15 other major corporations that have adopted increased transparency policies since 2005.

    Separately, Aegon USA, a financial services firm, has begun to list on its campaign finance reports the events at which it gives money to politicians, a disclosure not required by law. It said its $5,000 donation to the leadership fund of Sen. Thomas R. Carper (D-Del.) was made during a "ski weekend." Anyone see a trend?





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  • obviously
    08-05 08:59 AM
    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.

    I challenge you to disclose
    YOUR REAL NAME
    YOUR CASE NUMBER
    YOUR EMPLOYER'S NAME
    YOUR EB2 JOB DESCRIPTION
    so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.



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  • logiclife
    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.





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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.



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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck





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  • panky72
    08-07 09:17 PM
    A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."

    While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
    The father shouts to his son: "GO GET YOUR MOTHER!!!":D



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  • pappu
    08-05 09:13 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.
    Here is what happened.

    The lion got so fed up eating bananas everyday that he gathered lions from all other zoos and protested. He then used AC21 and went to a new zoo as a lion. All monkeys also interfiled and became lions.





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  • Macaca
    12-20 08:47 AM
    Resolve To End Hyper-Partisanship (http://www.realclearpolitics.com/articles/2007/12/resolve_to_end_hyperpartisansh.html) By Mort Kondracke | Roll Call, December 20, 2007

    Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.

    Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.

    Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.

    If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.

    It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.

    Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."

    Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.

    More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.

    Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.

    Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.

    "Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."

    Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.

    But he observes that Democrats are catching up in hyperpartisanship, flogged on by MoveOn.org and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.

    Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."

    But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.

    He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.

    But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.

    "Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.

    "But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.

    Think about it over Christmas.



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  • smuggymba
    07-28 01:37 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)





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  • mps
    08-05 02:35 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..


    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.



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  • Administrator2
    04-06 07:47 PM
    Green card is for convenience – H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.





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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]





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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.





    ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.





    pappu
    07-14 09:27 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

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

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.

    I have my disagreements with the letter content and have let it known in my posts on the thread.

    Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.