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GCstuck
08-28 09:06 AM
On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
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fasterthanlight?
06-15 03:48 PM
Actually, skinning your wheel should still be allowed, a lot of the new (real) iPod skins cover the wheel while maintaining functionality.
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h1b_alex
03-29 03:24 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
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s_r_e_e
08-11 01:11 PM
voted, but how many polls on this!!
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unknown123
08-15 08:12 PM
done
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diqingshen
02-05 07:18 PM
the current effort will solve this problem.
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murthyvvr
04-08 10:53 AM
I contributed 50$ at each time on two occassions earlier.
Looking at the progress we made, I made a contribution of 100$ just now making my total contribution to 200$ so far.
We are winning and worked enough to come out of the clutches of the {edited by logiclife }.
WE WILL COME OUT OF THIS {edited by logiclife }
Looking at the progress we made, I made a contribution of 100$ just now making my total contribution to 200$ so far.
We are winning and worked enough to come out of the clutches of the {edited by logiclife }.
WE WILL COME OUT OF THIS {edited by logiclife }
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akred
03-14 01:09 PM
You can ask all you want about not allowing porting from EB3 to EB2 or not letting keep the priority date in doing so. IV is not going to endorse it. Reality is job done by EB2 or EB3 especially in IT is very much alike.
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
True. Us old timer EB3 folks should then ask for a salary based criteria to determine preference category ;).
Moving from EB3 to EB2 is for worthy cause of getting GC faster in legitimate and ethical way.
True. Us old timer EB3 folks should then ask for a salary based criteria to determine preference category ;).
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bskrishna
06-19 05:39 PM
http://www.opencongress.org/person/sponsoredbills/400245_zoe_lofgren
Check out the above website. 6039 is the one relating to STEM and it has 26 co-sponsors
If you're looking for a "hot" bill or a controversial issue that's been in the news recently, but you're not sure of its exact title, our page of Hot Bills by issue area is a great starting point for your search. There you can find groups of the most newsworthy bills, and in some cases the most contentious bills in Congress, as compiled by the editors of OpenCongress. It's a handy cheat-sheet of buzzworthy bills and their official titles. The OpenCongress Blog might have written about it recently too and may offer a helpful plain-language summary
Check out the above website. 6039 is the one relating to STEM and it has 26 co-sponsors
If you're looking for a "hot" bill or a controversial issue that's been in the news recently, but you're not sure of its exact title, our page of Hot Bills by issue area is a great starting point for your search. There you can find groups of the most newsworthy bills, and in some cases the most contentious bills in Congress, as compiled by the editors of OpenCongress. It's a handy cheat-sheet of buzzworthy bills and their official titles. The OpenCongress Blog might have written about it recently too and may offer a helpful plain-language summary
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179 Responses to �Selena Gomez
sam_hoosier
11-26 04:04 PM
After talking to my lawyer, I have decided to forego my H1B renewal and instead move to EAD. This allows me the flexibility to move to better roles with my current employer, as well as other employers.
As has been mentioned on some other threads, the most common reasons for your I-485 denial (fraud, out of status, communicable disease, criminal or felon etc.) would probably also mean that you are ineligible for an H1B too. As long as you are confident that you do not fall into any of these categories, the risk is very minimal.
As has been mentioned on some other threads, the most common reasons for your I-485 denial (fraud, out of status, communicable disease, criminal or felon etc.) would probably also mean that you are ineligible for an H1B too. As long as you are confident that you do not fall into any of these categories, the risk is very minimal.
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kumarc123
11-03 08:27 AM
reasons...
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
That is so TRUE! Ask me I finished my undergraduate from US, and I didn't get selected in the H1 lottery system 3 times, yes 3 times. Neither my wife's labor was cleared in July fiasco. So imagine my situation.
So,
who do I blame? US govt? Or these Desi companies who have exploited H1B system to the core, abusing the system and making our lives miserable each day. Well I am about to join an organization, which will report these Desi companies straight to Department of Commerce, there are a group of students from other Universities who are planning to be a part of the organization.
I have seen many of my friends doing H1 for their spouses..... while their spouces have no experience what so ever..... employers help them cook their resumes..... in these cases employee has something to hide.... so they pay
H1 fees, stay on bench for few months......and never complain...
Now a days many companies send people on L1 visa. On L1 you have no choice. If you can't get H1 in April you are slave to the employer.... also with L1 there is no stipulated salary like H1.... so employers pay whatever they feel like and not market rate.....but since many employees have desire to stick around in US and save some Green... pay of their debts in home country.... they stay with same employer without complaining......
That is so TRUE! Ask me I finished my undergraduate from US, and I didn't get selected in the H1 lottery system 3 times, yes 3 times. Neither my wife's labor was cleared in July fiasco. So imagine my situation.
So,
who do I blame? US govt? Or these Desi companies who have exploited H1B system to the core, abusing the system and making our lives miserable each day. Well I am about to join an organization, which will report these Desi companies straight to Department of Commerce, there are a group of students from other Universities who are planning to be a part of the organization.
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amitga
02-01 03:14 PM
Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
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virald
07-19 10:03 PM
Viral,
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
Well written xyz2005 (sorry dunno your real name :D)..
I agree with what you say. Oh well ... we just have to wait and find out.. Good Luck to you too :D
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
Well written xyz2005 (sorry dunno your real name :D)..
I agree with what you say. Oh well ... we just have to wait and find out.. Good Luck to you too :D
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Aah_GC
06-10 02:49 PM
I called about 4 representatives - do we have to call for the Congressman or just leave him / her the message? The receptionists are generally like - "Who are you?" - "Ok, will pass the message" kinda deals.
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lonedesi
02-06 12:18 AM
I completely agree with Logiclife and the goals IV has setforth to solve our problems. There is only so much one can achieve with limited resources under which IV operates.
We need to have a set of priorities and work on that one step at time. Though I have not been to DC, I can understand what IV is going through to get us some relief. The least I can do is contribute for our cause and thats what I am doing right now.
I wish people had some common sense and better understanding of the bigger picture(& issues) before they get involved in finger pointing and asking for more.
Everyone, please be patient and support IV whole heartedly and financially so that we can atleast attempt to fix the broken immigration system. Though I am VERY optimistic that we will achieve our goals in the near future, but I would not regret even once, if we failed. It is better to try and fail than not give it a shot at all.
We need to have a set of priorities and work on that one step at time. Though I have not been to DC, I can understand what IV is going through to get us some relief. The least I can do is contribute for our cause and thats what I am doing right now.
I wish people had some common sense and better understanding of the bigger picture(& issues) before they get involved in finger pointing and asking for more.
Everyone, please be patient and support IV whole heartedly and financially so that we can atleast attempt to fix the broken immigration system. Though I am VERY optimistic that we will achieve our goals in the near future, but I would not regret even once, if we failed. It is better to try and fail than not give it a shot at all.
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06-11 01:04 PM
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black_logs
04-18 07:48 AM
We are languishing close to 85K. It is very important that we reach 150K very soon. There are some big decisions pending because of that.
Does anyone know how close are we in achieving this target, did we atleast cross 100k?
Does anyone know how close are we in achieving this target, did we atleast cross 100k?
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ak27
07-21 10:58 AM
Well,
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
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DariusMonsef
05-31 04:15 AM
Fallin.
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chanduv23
03-12 08:02 PM
I am an IV old timer and I was wondering where the IV old timers were?
black_logs, ragz4u. logiclife, waldenpond, berkleybee, shilpa?
How many core IV members have already received their GCs besides Aman, just curious?
Of late is there anything of note even happening on the lobbying front? IV seems to have become another Immigration Portal kinda website where people are now posting all sorts of info, some of it not even immigration related.
It would be nice if someone in the core team updated the rest of us, who cannot join the state chapters due to personal reasons on the website.
AFAIK, logiclife and pappu are just temporarily off IV due to some other priorities and will get back on board with a big bang soon. How do I know? I spoke to pappu recently.
Other core members, I am not sure, but will let a core member answer :)
black_logs, ragz4u. logiclife, waldenpond, berkleybee, shilpa?
How many core IV members have already received their GCs besides Aman, just curious?
Of late is there anything of note even happening on the lobbying front? IV seems to have become another Immigration Portal kinda website where people are now posting all sorts of info, some of it not even immigration related.
It would be nice if someone in the core team updated the rest of us, who cannot join the state chapters due to personal reasons on the website.
AFAIK, logiclife and pappu are just temporarily off IV due to some other priorities and will get back on board with a big bang soon. How do I know? I spoke to pappu recently.
Other core members, I am not sure, but will let a core member answer :)
munnu77
03-08 10:56 AM
This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic life..
i am becoming a fan of urs...
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic life..
i am becoming a fan of urs...
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