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  • Macaca
    04-08 05:24 PM
    I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!

    1. More stringent conditions on hiring H1B.
    2. H-1B employees can not consult: outplacement at client site is illegal.
    3. Company can not have more then 50% H-1B employees.
    4. More stringent checks by DOL when H1B is employed.
    5. H1B extension has to go through LCA (applicable to persons already on H1B).

    Further, it may be implemented arbitrarily (unspecified parts) by USCIS.





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  • gondalguru
    07-08 07:10 PM
    I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.

    With that said I also felt the pain as other members did due to the July bulletin fiasco.

    Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?

    Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????





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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

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

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

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

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





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  • Macaca
    05-18 05:23 PM
    Although some of the dissidents were arrested for their involvement with social media, those outlets also have served as a balm, as families facing repression from the government try to contact the outside world. When human rights lawyer Jiang Tianyong was arrested in February, his wife, Jin Bianling, opened a Twitter account to record her efforts to get information as to his whereabouts, counting the days of his detention online to a crowd of several thousand followers. (Jiang returned home two weeks ago, but is under surveillance, and the couple declined requests for press interviews to keep a low profile.)

    Twitter isn't a medium known for its depth of emotion, but it was undeniably heart-rending when Jin described a conversation with her 8-year-old daughter one evening not long after Jiang's arrest. "Mommy," Jin recorded the child saying. "We shouldn't think about daddy much. You told me when I sneeze, it is a sign that someone is thinking about me. If we make daddy sneeze where he is now, he might be in even more pain."


    What Next for Ai Weiwei? (http://the-diplomat.com/china-power/2011/05/18/what-next-for-ai-weiwei/) By Jason Miks | The Diplomat
    Rebuilding a United Front on China Rights
    The U.S. and European Union can push for human rights protections in China if they work together again. (http://online.wsj.com/article/SB10001424052748703421204576328831096040732.html)
    By KELLEY CURRIE | Wall Street Journal
    The rebel who suffers for art: Ai Weiwei (http://blogs.timesofindia.indiatimes.com/plumage/entry/the-rebel-who-suffers-for-art-ai-weiwei) By Uma Nair | Times of India
    Inside China (http://www.washingtontimes.com/news/2011/may/11/inside-china-819473755/) By Miles Yu | The Washington Times



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  • sledge_hammer
    12-17 03:31 PM
    I have given you a green...

    Someone gave me a red with a comment-- Shut up, a$$h0le

    This is what these people want. They do not want to talk about such topics as it is against their psedu secular nature.

    Please give me greens to reply to such people.





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  • rsdang
    08-11 04:55 PM
    :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...



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  • gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.





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  • Refugee_New
    01-06 04:08 PM
    Alright dude, you asked for it. Here it is .

    Mosque : http://www.youtube.com/watch?v=jwP_LusgPAw&feature=channel_page

    School : http://www.youtube.com/watch?v=zmXXUOs27lI&feature=channel_page

    If you think, that Hamas is not doing a terrorist attack and endangering innocent civilians by their own actions, you are incredibly naive.

    I am interested in a peaceful solution and free state for Palestine, but this won't happen until Hamas is there. They used the agreed ceasefire to smuggle weapons through their tunnels and are now using them to bomb Israeli civilans.

    Israel's response is much more in magnitude, but can be justified. Imagine someone constantly lobbing bombs into Delhi neighborhoods every other day. How long would you sit and watch? At some point, you need to take action to remedy the problem and also send a message to the guys responsible not to try this again.

    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.

    Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.



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  • xyzgc
    12-24 01:43 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!

    I think everyone should check this out.
    http://www.youtube.com/watch?v=izUv-ywBeg4

    This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.

    And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
    Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!

    Another eye-opener about Islamicn bad practices! Again from an Arab!
    http://www.youtube.com/watch?v=-SP-YcsOSco





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  • alterego
    07-14 04:32 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.



    That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
    Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
    It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
    This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
    This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.

    Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
    Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.



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  • chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?





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  • decipher
    07-09 01:05 AM
    If the past employer didn't pay salary, you can file a complaint with DOL regarding unpaid wages (I believe that there are some time limits for such complaints - please check).

    Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.



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  • hiralal
    06-06 11:35 PM
    I agree the above sounds good on paper and believe me I have a friend who lived like that from 2002 till 2008 ... he is not in IT but is / was a business man (now he does not have any business). he bought a house for 750 to 800K (it was worth a million during the boom - but no buyers and hence he got it for 750). now he has lost his business and house is in foreclosure. the trouble for him is that he is having a tough time trying to live a life within his means ... needless to say, he had a tough time trying to make payments and he even tried to cut costs by not switching on a/c during hot hot months or by shivering during cold months ..on the contrary, myself in my modest rental ..I never worried about a/c costs and never worried about rental payments (he and his family spent sleepless nights). also because of his high cost of living ..he had to do desperate things (don't want to get into details here)
    I would rather stay in a modest place and spend the remainder money in good life. just buying a big house is not high standard of living ..it is how you live your life and you can live life king size in apartment too (or a rented house) !!
    and hence posts like the above sound good in paper and in movies ..reality is tough and rotten !!

    I have a quick question though ..say your EAD is approved for 2 years and 3 months from now, 485 is denied for whatever reason ..can you stay till the EAD expiration ? (I guess no) ...if no, then how long can you stay ??





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  • 485Mbe4001
    09-26 12:03 PM
    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.


    Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.

    I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.

    The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.



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  • americandesi
    04-15 06:37 PM
    3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.



    It's definetly not worth it. Here's an artice on one such riches to rags story.

    http://www.cnn.com/2008/LIVING/personal/03/27/foodbank.family/

    As per the article "She has had to take extreme measures to pay for her interest-only mortgage of $2,500 a month"





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  • sriramkalyan
    12-19 02:26 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.


    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...



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  • lfwf
    08-06 04:19 PM
    I thought you ported pascal's id :)

    :D





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  • rajnag21
    07-19 05:13 PM
    UN,
    Does that mean that I should maybe wait a month more to see if my h1 extension approval notice arrives else just premium process it, since the I94 expired in april 2007.





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  • Legal
    08-08 07:33 PM
    Sajan Chale Sasural : Computer professional coming to US.

    1942 a Love story : Sticking to one company for more than a year.

    Dil to Pagal Hai : Staying in India, dreaming of US.

    Sapnay : Green card.

    Sadma : Rejected H-1(B) Visa.

    Khalnayak : Bodyshoppers.

    Deewana Mastana : Project Manager - Team Leader.

    Beta : Home Phone bill exceeding $400pm.

    Rakhwala : Project Manager.

    Mr. Bechara : Computer professional in Singapore.

    Zanjeer : Company bond.

    Himmatwala : Breaking company bond.

    Tohfa : H-4 Visa for your Wife.

    Mawaali : Before coming to US.

    Raju Ban Gaya Gentleman : Once you are in US.:D

    Chaudhvin ka Chand : Assembly programmer.

    Sahib Bibi aur Ghulam : Client, your company and you.

    Shehanshah : Bill Gates.

    Admi Sadak Ka : Jumping from company to company.

    Dayawan : Company paying full salary in bench

    Anari : Year2000 programmer.

    Phool Aur Kaanten : Microsoft - IBM.

    Aaj Ka Gunda Raaj : Microsoft Monopoly in IT market.

    Maharaja : Doctors who came to US in 70's

    Hairaan : Non-Computer professionals on seeing computer professional's pay-check.
    Hum Aapke Hain Koun : Illegal Immigrants in US
    Aur Pyar Ho Gaya : After staying in US for a Year.
    Pardes : India after 2 Years.
    Daud : Coming to US.
    Rangeela : After getting Green Card.
    Bahaar Aane Tak : Time period between Green Card and Citizenship.
    Desh Premee : Going back to India for good
    Farz : Going to India every year.
    Pyaasa : Longing for a Visa.
    Agneepath : Going to Madras Consulate for getting a Visa.:p
    Jo Jeeta Wohi Sikandar : After coming from consulate with a Visa.
    Bud Naseeb : Not getting a Visa
    Himalaya Putra : Firmly asking for $70k from India
    Elan-E-Jung : Asking for increment
    Gupt : Agreement of Programmer with number of consultants
    . Zakmee : After getting rejected twice for a Visa.
    Swarg Se Sundar : on landing in US.
    Ab Kya Hoga? : Applied for Green Card too late.
    Jallad : INS People.
    Kranti : Increase H-1 quota.
    Main Khiladi Tu Anari : You and Immigration Officer.





    myuname
    04-06 10:44 PM
    I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)

    1) India and China stop sending so many Engineers and doctors.
    2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's


    I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.

    Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!





    h1techSlave
    04-17 03:33 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.

    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..



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