Macaca
06-26 09:43 PM
unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
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JazzByTheBay
12-13 09:09 PM
Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
cheers!
jazz
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
go_guy123
06-12 12:01 AM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
citizenship application is actually speeded up when democratic party is in power
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
citizenship application is actually speeded up when democratic party is in power
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Humhongekamyab
08-15 08:12 PM
We all know how media wants to make new so that they can get more hits on their webpages. Maybe is name randomly got selected and that is why he got grilled - we don't know what did he tell the officer which lead to all this. We all now know about "teachable" moment with the Harvard professor. The facts were not what they appeared initially.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
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waiting4gc
02-13 02:12 PM
Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.
Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.
However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.
Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.
Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?
I read this, and I was referring to this:
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.
However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.
Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.
Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?
I read this, and I was referring to this:
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
lazycis
02-16 10:11 PM
Read complaint from NGWANYIA v. ASHCROFT case, you will find a lot of similarities with the current situation
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
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HumJumboHathuJumbo
09-23 04:00 PM
are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
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ramus
07-03 11:09 PM
Cool... Please put her contact email so others can send her email too..
Thanks.
Just sent her a thank you note and my letter above.
Thanks.
Just sent her a thank you note and my letter above.
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gc4me
02-13 01:39 PM
Thanks for your valuable information. But how about lots of unused visas?
Why USCIS did not allocate those to countries like Nepal which only used 70.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Why USCIS did not allocate those to countries like Nepal which only used 70.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
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H1BinNY
07-03 07:00 PM
I digged all the comments but looks like someone is trying to bury them again and again...
Probably someone from USCIS
Probably someone from USCIS
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cinqsit
01-15 02:37 PM
I am surprised why H1bs are angry ? This memo will impact the body shop only . Why shed tears for these desis dallas ? There is no bottom-line for these Indian Dallas. Now USCIS has just said we will follow the rules and people are worried ? Why the desi IT companies have/will not follow the rules.Work directly for client or good consulting companies. I see this end of Body shopping model of business.
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
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kumjay
06-27 03:42 PM
I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.
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*******You want rumor.....I will give you rumor ************
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unseenguy
06-12 10:06 PM
So you realized at the age of 35 that you needed MBA? Many smarter ones realized that at 25-30 age range. And they are the ones who will become future CEOs.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
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conchshell
07-29 02:41 PM
I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
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eyeswe
09-15 01:31 PM
It seems most analysts here think that by Q4 2010 the approval of 485 could theorotically reach mid 2006 with a liberal allocation of spill-overs and a conservative estimate of abandonment etc.
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?
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coopheal
02-12 05:27 PM
They need to pump up more numbers otherwise getting rid of quotas doesn't help much.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
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samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
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stuckinmuck
04-26 01:58 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
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grupak
12-14 01:13 PM
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
Desertfox
09-23 05:35 PM
FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
We will have all the time in the world to discuss the details.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
jaithran
01-14 09:24 AM
First of all, I am neither a donor nor a person interested in spending any of my time & energy (Except filing documents and visiting forums like IV once in a while to check progress) in running behind this GC stuff, as that�s not my priority-simple. But I wish and would really be happy if I get my GC quicker as it got its benefits. Having said that, I am not against any kind of efforts volunteered by people/group, who are very serious about GC and I really respect and appreciate their efforts, but I think I have the freedom to express my sincere opinion.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.
