Saturday 2 July 2011

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  • JazzByTheBay
    07-03 07:05 PM
    Posting here as asked by Pappu:
    ------
    Hi Jessie,

    I am contacting you today regarding the recent chain of events concerning employment-based immigrants.

    I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.

    Some Facts:
    - On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)

    - Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.

    - Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
    1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
    2. Advanced Parole: Allowing applicants to travel freely.
    3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.

    - Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)

    - Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
    http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)

    In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!

    - The fact that a Visa Bulletin gets updated mid-month is unprecedented.

    - The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!

    - The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.

    - Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.

    - Here's a Press Release from ImmigrationVoice.org:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)

    - Also of interest, the following blog post by immigration lawyer Greg Siskind:
    Full-Blown Scandal
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)

    - Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)

    - Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
    Legal Workers Lose Chance at Green Cards
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)

    Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)

    Thanks,





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  • Macaca
    07-03 09:01 PM
    I will need everyone's input since I don't know all issues.
    Titles

    "Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"

    Retrogression in employment based (EB) legal permanent resident (= GC) process

    Skilled tax paying immigrants
    Adjustment of Status (AOS) is last stage in EB GC process

    AOS application requirements

    Application requires

    Medical

    increase in (hard to get) appointments across United States
    Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)

    Birth certificate

    request for documentation in country of origin


    Requires applicant and dependents (spouse + children) to be in country.

    Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)

    2-3 days to prepare forms

    Applicants changed their schedules to submit forms

    Cost of applying

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50
    2 Days off Work
    Overseas travel to fill form


    Looks like only $380+ is lost per applicant.

    Need good estimate on #dependents!

    Benefits of AOS application

    provides Employment Authorization (EAD) that

    allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
    allows spouse to get out of the house and contribute to American economy.
    eliminates the need for continually renewing temporary skilled visa

    A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
    provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
    application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
    USCIS gets a better load estimate for load balancing.

    What happened

    Applicants started filling forms on June 13th
    Some applicants mailed forms on June 29th
    USCIS announced on July 2 that it will not accept forms recieved on or after July 2

    Why does it hurt

    Waiting in line for 6+ years due to previous GC processing delays
    Very little chance of legislative relief for a long time.
    Rejected June filers can not re-file.
    Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
    $'s lost on re-applying

    Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
    Medical will not be valid after 1 year and photos will not be valid after 6 months.

    estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
    Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
    USCIS which is supported 90% by application fee should pay some attention to applicants
    Special cases

    I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
    I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)


    Individual trauma and stress

    Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
    Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)

    The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
    Applicants will always live in fear untill they receive receipt #

    USCIS history

    376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
    According to page 35 of ombudsman report, This loss of visas is due to:

    gaps in USCIS’ accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



    Comparison with Undocumented





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  • acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?





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  • syendu1
    01-14 06:43 PM
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
    Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
    What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.


    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
    You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
    No comments there i agree with you

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
    Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be

    Jai Hind

    well, it is noble to do what is "right" and to always stand for it. but, i dont believe for a second porting is "wrong". u wouldn't agree though but u dont have problems when others port. i have no argument about that.

    people r in eb3, not becoz they want to. sure, i agree, given a choice, everyone will pick eb1. however, the question is, why have they been put there?? nobody forced them to. u dont qualify for other categories, u deal with it. (there may a few exceptions to that). so, i wud not feel really bad for people who had to be in eb3 (cud be lack of need qualifications or any other reasons, even things out of their control). as i said "life is not fair".

    i think it is global, aren't there ROW eb3 people who are retrogressed as well. now, u may have a point in saying that eb3 is the majority. isn't that the case anywhere. take a look at the train (first class- few people, second class - more, general -- a lot). pls dont take this example as derogatory, becoz i dont mean it that way. my intention is usually the most generic category (that which may apply to most people) is most crowded. so, doing something wud probably impact a whole number of people--which means yes, anything possible that somebody can, should and must do.

    however, that and being ahead in time, cannot be used as the only reasons to bypass eb2 and service or even share with eb3 (i think this was something proposed by some eb3 folks on this forum), i wud not agree. there were some other suggestions too, that i thought was not right. and i have already talked to you about my logic as to why.

    i just thought working towards something that applies to "ALL" would be the way to go. But, I can kind of see your point too. Best of luck in whatever you do.

    Finally, I did not answer your reply promptly as I was on my way back from work and I replied the first chance I got. (now, i'll go watch social network and relax, i have family visiting me). and thanks for wishing me for my gc. i wish the same to u.

    Jai Hind



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  • lalithkx
    07-15 06:04 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers





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  • pointlesswait
    09-23 06:30 PM
    there is a "right" time for everything..and now is not! thats all...


    You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.



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  • grupak
    12-14 01:07 PM
    villamonte6100 there was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.





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  • breddy2000
    09-03 11:07 PM
    breddy2000,

    Stick to the point, on YSR. Or open a thread on your favorite topics.

    AP has seen an unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics just for one man thirst YSR.

    It�s better to have none than these factionist gonads. As for my id, yes just for this and more and it should not matter you. If you have point, talk about it, otherwise just shut up and don�t preach like YSR�s family member that �Someone or something is better than none�

    I cannot agrue with you based on how you personally attack someone who has a different point of view.
    If you do not know how to debate objectively, no one can help
    Your reputation from just 6 posts says it all and I'll end this here... Good luck with your Politics.



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  • bfadlia
    02-15 04:38 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
    If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.





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  • newuser
    09-04 01:06 PM
    I just saw within Half an hour my rating points went down from 3000 to just 500...

    Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...

    This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....

    Never walk the Talk...

    Hats off to you Mr. Chandu.....

    Its because there are mute spectators who are giving greens or red based on what they think is right

    I don't believe CHANDUV23 & _Truefacts are the same



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  • rajsenthil
    09-04 05:57 AM
    "Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs

    Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?

    I expect to have little decency from "intellectuals" (pseudo?) to have some respect or atleast ignore a person who died. If you dont have that decency and let out your anger on a dead person, hehe, you all must be a real "BRAVE" person.

    P.S: If it helps, I am not from AP but from TN. I have lot of good friends from AP and want to share their feelings. I really don't care if Advani, Vajpayee, Sonia or Manmohan, live or die but my decency prevents criticizing them after death.





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  • nonimmi
    06-28 12:43 PM
    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)


    Go to NYC Apple store tonight, camp there and get iPhone tomorrow evening. You can spend your time in Nebraska more happliy!! :D



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  • mariusp
    03-28 12:52 PM
    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:

    Response 1:

    I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.


    Response 2:

    Highly unlikely that this change would affect a case that was already filed.


    Just to be safe I will request to convert to PP.





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  • bitu72
    11-15 04:58 PM
    Hi all,

    i have applied on oct 15th , i have got a file number very quickly.

    seems like they encashed my draft on 10/25.

    so is my date going to be considered be 10/25.

    i got a letter stating your letter is in priority queue and we would contact you.

    when do they contact genrally. lany idea about next steps.

    thanks



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  • chanduv23
    02-13 03:44 PM
    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.

    As a first step -people can

    (1) Openly pledge support
    (2) Contact their chapter leaders on their willingness to come forward
    (3) Not get influenced by negative vibes
    (4) Work towards reqruiting more volunteers.

    Can we walk the talk?





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  • hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.



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  • kumarc123
    11-06 02:09 PM
    IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.

    Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.

    aps

    Dude stop complaining and do what is expected for IV, I am not in a position right now to buy a house, but I do favor the idea. Mainly because this type of movement will create awareness among American people. Above all like the moderator said, the the Que will decrease. I understand your anguish and anxiety, please lets do something and not just waste our time complaining.

    Recently we have more number of people complaining rather doing something. I understand we all are worried and anxious, but we need to keep doing something constructive, rather than complaining.





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  • vadicherla
    09-04 01:37 AM
    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.

    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death





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  • Macaca
    02-18 12:36 PM
    What level of analytic skills are needed to comprehend the following?

    Membership + Funding + Lobbying (Grass Root + Hill) + Patience = Chance of Success
    Anything Else = Absolute Failure





    abracadabra102
    09-03 09:20 PM
    The epitaph,
    "No better friend, No worse enemy"
    fits YSR nicely.





    sledge_hammer
    05-29 11:45 AM
    Yeah, I guess our community (legal immigrants) is satisfied with the magic number 3,200. Be is montly contribution ($3.2K), or yearly visa availablity (EB2I).

    I agree with you sledge_hammer. We have to do something about this. The easiest and most convenient thing that we can all start with is to support IV; how can IV fight for us with mere $3,200 a month? Folks, please wake up and smell the coffee; please contribute for your own cause.



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