chanduv23
06-28 08:57 PM
There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy
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lazycis
02-14 12:19 PM
No one can prove that USCIS intentionally took decisions so that they waste the visas.
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
srinivasj
07-21 07:23 PM
my wife makes always makes fun of me everytime a quickstar guy catches me at a mall..
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
she says that a big BHAKRA is visible eveyrtime on your face to those guys..:)
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oguinan
02-15 06:52 PM
No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
more...
sajimm
05-17 08:50 PM
I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
_TrueFacts
09-04 03:26 PM
apt29,
It is a countries effective system that drives people and in turn it is, it's people drive that the Country back to modernization.
What comes in is what goes back.
And in India. We don't have a system...except for reservations. and people like YSR use it their fullest advantage.
It is a countries effective system that drives people and in turn it is, it's people drive that the Country back to modernization.
What comes in is what goes back.
And in India. We don't have a system...except for reservations. and people like YSR use it their fullest advantage.
more...
dpuranik
01-26 02:11 PM
You can not apply I-140 Premium Processing if you are doing Labor substitution.
http://www.murthy.com/news/n_eb3140.html
http://www.murthy.com/news/n_eb3140.html
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msyedy
01-26 11:20 AM
Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
Labor substitution is not encouraged by INS any more, but is still possible.
Use the old labor and file for premium I-140. If approved you can use that priority date.
Simple as that, premium result will be in 15 days.
Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.
But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/
more...
qualified_trash
05-17 06:11 PM
Hello Friends and my fellow GC awaiters..
I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.
Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
Pls let me know your opinion.
Thx a lot guys.
Hope is a good thing, maybe the best of things. And no good thing ever dies
1MoreDesi !
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.
Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
Pls let me know your opinion.
Thx a lot guys.
Hope is a good thing, maybe the best of things. And no good thing ever dies
1MoreDesi !
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
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mmk123
09-04 11:46 PM
May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?
Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.
IV core, pls delete this thread, it's disgusting and embarrassing.
Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.
IV core, pls delete this thread, it's disgusting and embarrassing.
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angelfire76
05-29 09:19 PM
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
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unseenguy
04-01 01:48 AM
Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?
This is immigration form and people from all over the world are the members.
Don't spam them.
Moderators, please delete this thread.
Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.
This is immigration form and people from all over the world are the members.
Don't spam them.
Moderators, please delete this thread.
Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.
more...
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samay
07-15 05:33 PM
This is a question to the attorney.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.
There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.
Some members had said it takes anywhere between 10 days to more than a month or so.
Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.
Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.
I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.
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rajivkane
07-21 09:17 AM
Hi!
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)-filed at NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)-filed at NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
more...
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MYGC2008
09-14 03:50 PM
Do we know the exact Approved EB2 Labors for INDIA. (Year 2005 means Oct 2004 to Sept 2005). because PERM is introdiced in mid 2005.This is Critical
Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.
Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.
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breddy2000
09-03 11:40 PM
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior ....LOL
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.
Is this not how you break the system????....This is called Corruption my friend....
I can't help myself Laugh the hell out your stupid behavior ....LOL
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qualified_trash
11-09 09:21 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
it is a business advantage and companies are using the same to lure employees. that is the IMHO the right way to utilize the approved labor cert.
the injustice is when there is bidding going on and people actually take money to give you the labor cert........... that is I think illegal........
there is nothing wrong with a business using the law to further itself. the goal of the business is to make money for its stakeholders within the framework of laws laid down by the government.
i sincerely hope that you will remember this when and if you do decide to start/own a business............
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
it is a business advantage and companies are using the same to lure employees. that is the IMHO the right way to utilize the approved labor cert.
the injustice is when there is bidding going on and people actually take money to give you the labor cert........... that is I think illegal........
there is nothing wrong with a business using the law to further itself. the goal of the business is to make money for its stakeholders within the framework of laws laid down by the government.
i sincerely hope that you will remember this when and if you do decide to start/own a business............
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Kodi
05-17 05:05 PM
According to the latest news from Sri Lanka:
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
Same here. I wish I was there to join the celebrations.
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
Same here. I wish I was there to join the celebrations.
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acruix
07-13 04:07 PM
http://www.immigrantslist.org/page/petition/Chertoff
gimmeacard
07-28 03:54 PM
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
can you share your Tax stmts from Amway? you can hide the key Taxid # and address, leaving your name there... lets see it?
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
can you share your Tax stmts from Amway? you can hide the key Taxid # and address, leaving your name there... lets see it?
hiralal
05-29 10:41 PM
as always we need to highlight the benefits of Legal immigrants ... how do we do that in the present scenario ..once we answer that ..we can build a campaign on that ..DOES ANYONE have a answer ?
-----------
my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!
look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!
------------ anyone has a better campaign ..do reply
-----------
my answer ... show that we (legal immigrants) are unable to buy a house because of GC delays ..we can have something as simple as sitting in our homes, calling the local realtors , show interest in buying a house (or another house if you are already a home owner) ..then back off after few days saying that GC delay is preventing you from going ahead. who knows we may soon have lawrence yun lobbying for faster immi !!
look at plus side ..at the very least ..u will be able to walk around with a pretty realtor !!
------------ anyone has a better campaign ..do reply
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