TeddyKoochu
09-24 08:34 AM
my dear friend come back in reality..... to put it least harshly... �khayali pulav banana band karo� (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !
First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).
Now coming to the other group Illegal�s they will never support us "Legal�s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.
To cut it short anti's and illegal�s will neither ever help or support our causes.
Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.
1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.
2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.
3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.
4) What�s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal�s and Anti's but one thing is for sure that they are always united.
Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
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diptam
06-22 04:46 PM
Its good that would mentioned clearly that 485 even can get DENIED without employer letter.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
My employer told me earlier during joining in 2005 that ther will pay for all costs of GC (LC,140,485) now its seems like I have to pay my employer to get the essential documentations for 485 - What a Irony !!!
Green card - Huh :D
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
abhijitp
11-21 02:49 PM
Reply to a very insensitive post
And what should the person/family do right now?
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
And what should the person/family do right now?
Return to their country like nothing happened? What about the primary applicant's present job?
Just live here in the USA, as if nothing happened? What happens to the family if they go out of status all of a sudden?
There is no need to make the GC your only goal in life, but please don't be insensitive... there is much more to the issue than meets the eye!
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srikondoji
07-05 11:08 AM
I sent it for Friday deliver.
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0
cost 24.99 to be delivered Friday 7th. Search for F488
Merchandise Subtotal: $ 24 .99
Service Charge Subtotal: $ 13 .99
Discount Subtotal: $ (5 .00)
Your Order Total: $ 33 .98 All prices are in US dollars
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.
-- let the campaign begin..
more...
gc4me
04-22 03:53 PM
Miss obviously,
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.
I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.
I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
more...
kkmajid
10-17 10:30 AM
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
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aquarian
11-22 05:51 AM
...All The Universe Conspires In Helping You To Achieve It!
Mehul,
These words are not trivial. I have personally witnessed and believe an immense power hidden in these words. I with everybody else in this forum really, really want the miracle to happen with you that cures you completely and brings you back to your normal life.
This is my first post in this forum. Until today I was a bystander on the fence never actually got inspired enough to fight for a cause as trivial as getting a green card. But today I broke the fence and came in. Because never before in my life I have seen such a real courage in a real person. I salute you and wish I can be as courageous as you when life will demand from me.
Just want to let you know that somebody somewhere dropped a few tears for you and will continue to pray to the power above for your speedy recovery and well being.
Aquarian
Mehul,
These words are not trivial. I have personally witnessed and believe an immense power hidden in these words. I with everybody else in this forum really, really want the miracle to happen with you that cures you completely and brings you back to your normal life.
This is my first post in this forum. Until today I was a bystander on the fence never actually got inspired enough to fight for a cause as trivial as getting a green card. But today I broke the fence and came in. Because never before in my life I have seen such a real courage in a real person. I salute you and wish I can be as courageous as you when life will demand from me.
Just want to let you know that somebody somewhere dropped a few tears for you and will continue to pray to the power above for your speedy recovery and well being.
Aquarian
more...
sodh
07-10 12:49 AM
Michael Moore reported about the poor conditions in which our veterans at Walter Reed hospital are treated in his famous movie Farienhiet 911 and after three years Walter Reed hospital caught the attention of the law makers, they don't treat thier own countrymen with respect and dignity even after serving the Nation honourably what can we expect from them when it took them three years to realise that the conditions are bad in Walter Reed.
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kshitijnt
07-09 03:28 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.
more...
ksrk
05-13 03:56 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
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vij
06-18 11:21 AM
Does 140 LUD change before they cash the checks
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aquarianf
04-23 12:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
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gc_on_demand
02-18 12:01 PM
Bump
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485Question
09-25 02:04 PM
Did you received the receipts?
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amitjoey
07-09 09:26 PM
This is great but not at all enough, If major news and print media does not cover this, than this effort will go waste. If it gets unreported, than we have ourselves to blame. The whole point is for this to get covered nationally. Your local news and print media needs to be made aware, if it gets printed enough times, it will be picked up in major news channels. So please email the story, make the reporters aware of this. I know, we have a lot of us that we can write, copy paste the same message. I have a feeling it is going to make a great news story, just want to be doubly sure.
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maximus777
09-09 10:04 PM
Are you saying illegals are smart? Or smart poeple are here illegally?
Think its more along the lines of its smart to be illegal under current circumstances :cool:
Think its more along the lines of its smart to be illegal under current circumstances :cool:
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test101
07-08 03:00 PM
in 2005 there was visa recapture for nurese (50,000). Why can not this be done now? They could have simply post information in June saying July Visa bultien revised. Why costing people all this money ? The least the USCIS should do is not to reject all these applications and but them to be processed in Octobor. It's not only miscomunication it's miss managing as well.
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PD_Dec2002
07-08 11:27 AM
i agree.. thats being professional and ethical..
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
Yes, but I won't be surprised if the USCIS lawyers interpret the law to suit their convenience. And even worse, the judge buys it.
Thanks,
Jayant
Munna Bhai
12-17 12:25 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
vjkypally
07-20 09:34 AM
I pledge 100$.I know this is nothing compared to the sacrifices made by Aman.
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