mbartosik
02-12 09:33 PM
To serve legal notice is meaningless unless he has filed a complaint in court in which case he will likely have to pay a $100 to $200 for an "index number", and then pay a few hundred for an official process server to personally serve you or only if you cannot be personally contacted do "nail and mail". That is the procedure in NY state, because I've been the plaintiff against visa sponsor (I drove him to brink of bankruptcy before I dropped the case). For $3500 it would probably be small claims court, but the procedure will be roughly the same.
Forget about the idea of him "creating documents", what are you suggesting that he forge your signature. I doubt that he has the balls to do that, because to present documents like that in court is a very serious offense. He would be putting everything he has on the line for what -- $3500 minus expenses because you cannot claim expenses in small claims court.
Sending you an email is laughable and just shows that he is either not serious or ignorant, and likely engaging in scare tactics.
I stand by my prior advice, go see local IRS customer service center. The worst that will happen is they help you to start off the official written complaint against him, and they explain what to do in absence of W2. The best that will happen is that if you explain the blackmail a customer service person will call him on your behalf and put the fear of IRS into him. I would expect that there is a high correlation between employee abuse and tax abuse, so IRS may be interested to know who the bad apples are.
Recreating records for W2 is just a few hours work if you have pay stubs and bank records. I know someone who has to do it every year. Actually I'll email him a link to this thread. He won't be able to reply for a week because he is off for a week training.
Forget about the idea of him "creating documents", what are you suggesting that he forge your signature. I doubt that he has the balls to do that, because to present documents like that in court is a very serious offense. He would be putting everything he has on the line for what -- $3500 minus expenses because you cannot claim expenses in small claims court.
Sending you an email is laughable and just shows that he is either not serious or ignorant, and likely engaging in scare tactics.
I stand by my prior advice, go see local IRS customer service center. The worst that will happen is they help you to start off the official written complaint against him, and they explain what to do in absence of W2. The best that will happen is that if you explain the blackmail a customer service person will call him on your behalf and put the fear of IRS into him. I would expect that there is a high correlation between employee abuse and tax abuse, so IRS may be interested to know who the bad apples are.
Recreating records for W2 is just a few hours work if you have pay stubs and bank records. I know someone who has to do it every year. Actually I'll email him a link to this thread. He won't be able to reply for a week because he is off for a week training.
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lazycis
01-26 06:26 PM
You are welcome. I doubt the company will alter the offer letter, but I would ask for it. Anyway, no court will let an employer to force an employee to reimburse for hypothetical training for which no upfront costs are defined. Moreover, the clause does say "prior to the Company’s receipt of the benefits of such training and education". So you may very well argue that company received benefits in return. The clause is designed to put fear in you, but it's not enforceable in court. The employer will be in a big trouble if you complain to DOL. And if you have no choice, sign it.
Saikrishna
07-27 01:42 PM
I hope they will come and give us reciept notice on 1st week of Aug ....
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uscisc
09-09 04:44 PM
If you are a software engineer and street smart then you don�t need PMP to continue growing in your field. I am a software engineer and my understanding is as follows. Currently most of us are working under a manager who is either not good at management or not having the required level of technical skills to understand the project complexities for doing proper project management. As the salaries in the software field are good most of the people moved to software field irrespective of what their core skills are. So, people who are good at project management and working as software engineers should do PMP to rejuvenate their skills and bring some good project managers to the software industry.
Even if you are not good at project management, you should do PMP to understand the environment you are working. That is especially to keep yourself in the shoes of your manager. The advantage of doing that is, if your manager is blaming you for his mistakes, you will know what to talk with your manager and avoid yourself burning out because of your manager mistakes. This is something that is very common in the software industry. It doesn�t matter where you are and what you are doing, it is always helpful to know role of a project manager to keep yourself in a better position.
Also PMP is not just $500 thing. I can say you should be ready to spend at least $700 and allocate lot of time (It takes lot of time if you are parallel working) to understand PMBOK and its related material.
Also to keep your certification active, you should get 60 PDU every 3years, but this is not a big deal.
To keep yourself motivated till you get the certification, keep this in mind. �Most of the best paid people are the best managers� you cannot make that kind of money unless you start you journey towards that direction.
PMP can be considered as one of the subjects (in detail) in MBA (like a subset of MBA), and should not be compared with MBA, as MBA will provide you with more skills in more directions in handling business.
Even if you are not good at project management, you should do PMP to understand the environment you are working. That is especially to keep yourself in the shoes of your manager. The advantage of doing that is, if your manager is blaming you for his mistakes, you will know what to talk with your manager and avoid yourself burning out because of your manager mistakes. This is something that is very common in the software industry. It doesn�t matter where you are and what you are doing, it is always helpful to know role of a project manager to keep yourself in a better position.
Also PMP is not just $500 thing. I can say you should be ready to spend at least $700 and allocate lot of time (It takes lot of time if you are parallel working) to understand PMBOK and its related material.
Also to keep your certification active, you should get 60 PDU every 3years, but this is not a big deal.
To keep yourself motivated till you get the certification, keep this in mind. �Most of the best paid people are the best managers� you cannot make that kind of money unless you start you journey towards that direction.
PMP can be considered as one of the subjects (in detail) in MBA (like a subset of MBA), and should not be compared with MBA, as MBA will provide you with more skills in more directions in handling business.
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hopefulgc
05-19 10:10 AM
This idea has some serious chances of getting through, if pursued. The biggest thing in its favor is the validation in the form of existing H1B quota for US educated Post grads.
It will find extensive support from universities/academia for obvious reasons.
Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
It will find extensive support from universities/academia for obvious reasons.
Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
MindGlow
04-03 08:54 AM
sent #10 & #11
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vivid_bharti
04-24 02:42 PM
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
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h1techSlave
04-23 01:16 PM
how can Latinos be deported? Could you please explain? Are you accusing that all Latinos in this country are here illegally?
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
And to all the guys replying to my earlier post that such laws will increase racial profiling etc. In my opinion laws to make illegal immigrants' life difficult is basically good for us. I totally agree that non-white folks will be inspected by cops during the initial period of enactment of the law. What's the big deal about it. We will be stopped by cops. They will check our papers and will leave us, won't they? The same is true for Latinos (if they are here legally). Like I have written earlier, I have been living in a county which has implemented 287 g for the last several years and I NEVER had any issue with this. I have personally met the county chief of cop who has been a very vocal supporter of the program and he did not immediately arrest me.
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
If I were a person of Latino origin, I will be very angry with folks who assume that all Latinos are illegals.
And to all the guys replying to my earlier post that such laws will increase racial profiling etc. In my opinion laws to make illegal immigrants' life difficult is basically good for us. I totally agree that non-white folks will be inspected by cops during the initial period of enactment of the law. What's the big deal about it. We will be stopped by cops. They will check our papers and will leave us, won't they? The same is true for Latinos (if they are here legally). Like I have written earlier, I have been living in a county which has implemented 287 g for the last several years and I NEVER had any issue with this. I have personally met the county chief of cop who has been a very vocal supporter of the program and he did not immediately arrest me.
The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!
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saro28
12-28 08:21 AM
For AP renewal, do I need to send photos by mail again? I thought USCIS uses the picture on file. Folks please correct me if I am wrong. Could some one PM me the letter format?
Appreciate your help
Appreciate your help
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realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
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vinoddas
09-26 06:24 PM
i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...
oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...
F1 is not an options, since you have to show non-immigrant intent.
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arunmohan
12-20 01:04 PM
Does this new rule allow H4 to work?
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Jimi_Hendrix
12-12 12:52 PM
is definitely better than no movement. My application is still 3 months retrogressed now. Getting closer albeit slowly.
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pady
08-21 08:55 AM
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
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gc_on_demand
11-03 09:03 AM
During lame duck session , Dems will not push for CIR and Republican will oppose it.
They will come to compromise on Dream Act. Chances are there some pro legal - immigrant republican may add Visa recapture.
They will come to compromise on Dream Act. Chances are there some pro legal - immigrant republican may add Visa recapture.
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billu
09-07 08:24 AM
I am one of the unlucky ones on EB3 india who missed the july 2007 bus. With my PD under EB3 India, I know I am looking at 10-15 year wait. So I am planning to switch jobs and apply under EB2. I have done some research and I know that the position and the qualifications both have to match to go through in EB2. Those have successfully ported from EB3 to EB2, Can you guys throw some light on whether USCIS has any specific requirements like salary, previous holders of the position etc etc for EB2. Also, if i apply I-140 under EB2 with the new employer and pay 1000$ from my pocket for premium processing, are there more chances of rejection/RFE due to premium processing?Pls help me get out of the EB3 shit.
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gg_ny
09-08 07:41 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
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lacrossegc
11-30 12:31 AM
Guys,
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
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mhb
07-06 02:59 PM
Very good develpoment..
Thanks for all hard work.. Guys lets help core members with whatever they need.
just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!
Thanks for all hard work.. Guys lets help core members with whatever they need.
just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!
aray
04-02 12:41 PM
Sent Fax # 10 & 11.
tonyHK12
11-11 06:10 PM
Thank YOU!!
Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, .
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, .
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
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