HawaldarNaik
12-26 07:48 PM
I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...
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pasupuleti
06-21 06:50 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL
paskal
07-15 03:07 AM
Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
sc3,
here are the allotments as posted elsewhere.
2003 2004 2005 2006 2007 (EB India allocations)
------------------------------------
EB1 1,266 2,998 6,336 3,156 2,855
EB2 8,536 16,262 16,687 3,720 6,203
EB3 10,647 19,889 23,250 3,006 17,795
Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
sc3,
here are the allotments as posted elsewhere.
2003 2004 2005 2006 2007 (EB India allocations)
------------------------------------
EB1 1,266 2,998 6,336 3,156 2,855
EB2 8,536 16,262 16,687 3,720 6,203
EB3 10,647 19,889 23,250 3,006 17,795
Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.
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bazuka6
07-13 02:15 AM
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
Moderator could you makes this Sticky please
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
more...
rajarao
10-01 12:12 AM
Day after day it seems light for faith in the system seems to be fading away.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.
USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.
When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.
pappu
07-13 11:37 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
more...
Sunx_2004
07-11 12:23 PM
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
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lfwf
08-06 02:54 PM
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
NKR,
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
NKR,
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
more...
reddog
07-14 03:33 PM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
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rvr_jcop
03-26 08:37 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
more...
file485
07-08 07:56 PM
Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.
pls dont give wrong info..
paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..
pls dont give wrong info..
paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..
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Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
more...
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pani_6
07-13 08:52 PM
Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..
Action & Urgency!
Come' on EB3-I
http://immigrationvoice.org/forum/showthread.php?t=20147
Action & Urgency!
Come' on EB3-I
http://immigrationvoice.org/forum/showthread.php?t=20147
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walking_dude
10-01 11:11 AM
I agree to point (1) for both Obama and McCain. Chances of them happening are very high. I, however, disagree with point (2) for both of them.
A bill similar to HR5882 can be added to CIR as an amendment (like the Cornyn-Cantwell amendment to CIR2007, which unfortunately didn't get voted on as the CIR died!). Most of the CIR backers like Hispanic caucus or Sen Menedez aren't opposed to EB increases/recaptures as such, but have prevented the passage to make pro-business Republicans make concession toward legalization. If Legalization passes through, they are unlikely to stand in our way.
On the other hand, anti-immigrant groups such as FAIR, CIS etc. oppose us as much as they oppose legalization ( according to their bizzaro definition every immigrant is illegal). They will oppose stand-alone bills such as HR 5882 as much as they oppose the CIR . Infact it was filibustering by Repubs such as Steve King and Smith - who are sympathetic to these groups - that killed our bill.
CIR + our EB ammendments will face only opposition from anti-immigrants, where as Hispanic Congressmen and CIR backers will be supporting our bills as well, where as EB-only bill face the ire of both anti-immigrants as well as the CIR backers and the powerful Hispanic caucus. That's the lesson we should learn from the failures of this year.
Focus may be on Economy, but Immigration cannot be ignored due to political considerations. If there is a democratic senate, democratic House and democratic President - Hispanic lawmakers will not let them rest, until they get the CIR on the floor.
IMO, our focus should be to find the EB-killer clauses in the CIR, get them ammended, and add our bills as ammendments to CIR. And not to oppose it in favor of highly-unlikely-to-pass piecemeal legislation.
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
A bill similar to HR5882 can be added to CIR as an amendment (like the Cornyn-Cantwell amendment to CIR2007, which unfortunately didn't get voted on as the CIR died!). Most of the CIR backers like Hispanic caucus or Sen Menedez aren't opposed to EB increases/recaptures as such, but have prevented the passage to make pro-business Republicans make concession toward legalization. If Legalization passes through, they are unlikely to stand in our way.
On the other hand, anti-immigrant groups such as FAIR, CIS etc. oppose us as much as they oppose legalization ( according to their bizzaro definition every immigrant is illegal). They will oppose stand-alone bills such as HR 5882 as much as they oppose the CIR . Infact it was filibustering by Repubs such as Steve King and Smith - who are sympathetic to these groups - that killed our bill.
CIR + our EB ammendments will face only opposition from anti-immigrants, where as Hispanic Congressmen and CIR backers will be supporting our bills as well, where as EB-only bill face the ire of both anti-immigrants as well as the CIR backers and the powerful Hispanic caucus. That's the lesson we should learn from the failures of this year.
Focus may be on Economy, but Immigration cannot be ignored due to political considerations. If there is a democratic senate, democratic House and democratic President - Hispanic lawmakers will not let them rest, until they get the CIR on the floor.
IMO, our focus should be to find the EB-killer clauses in the CIR, get them ammended, and add our bills as ammendments to CIR. And not to oppose it in favor of highly-unlikely-to-pass piecemeal legislation.
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
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new_horizon
09-26 11:01 AM
though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.
someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.
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Ahimsa
02-25 06:34 PM
Of late, people started giving 5 star rating for Lou on RateItAll.
Please go to this site and rate him as you like.
http://www.rateitall.com/i-29533-lou-dobbs.aspx
I gave him a lowest single-star rating (terrible)
Please go to this site and rate him as you like.
http://www.rateitall.com/i-29533-lou-dobbs.aspx
I gave him a lowest single-star rating (terrible)
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waitnwatch
08-05 03:32 PM
If that's the law then there is not much of a debate here!
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
I think admin should close the thread as the point of a lawsuit is moot.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
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mihird
07-17 12:06 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas ...and, ..... to convert H1B visas to green cards.
......
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Randall,
How do you explain this? As per the current setting 3 times as many people are issued H1-Bs as there are green cards each year.
Each and every H1-B visa holder has a legal option to apply for a green card (the doctorine of H1-B being a dual intent visa). Why have such a flawed setting? The setting is deliberately flawed on purpose...
In reality this setting does two things.
1. Fills the overwhelming immediate void of shortage of the highly needed skilled labor, without America having to commit long term to the foreign labor, or give its family any benefits (imagine having a physically/mentally challenged child, and not being able to seek any help from the same government that forces the H1-B holder to commit to social security for years, just like every other American - unfairness of the program at its worst).
2. Creates an indentured job, wherein the employee has to stick to that job for several years in a hope that one day the backlog will clear and he will get a chance to the green card - employers have full freedom to exploit this indentured laborer as much as they want, during that period. The irrational fixed and equal per country quota makes it worse (or best, depending on whom you ask). Poorer the country, more hard working the people, higher the immigration, longer the wait, better labor indentured for longer the time. Capitalism at its best!!
Give it some thought...Is the backlog a doing of the H1-B employees? Is it a doing of their country of origin? Neither of the above. The backlog is a doing of the way the program is set up. The program is very cleverly set up to serve the interests of the American companies and America in general (provides a steady supply of skilled, sometimes low paid indentured labor - nothing wrong with that - each country is free to do whatever it takes to further its own interests, plus as a H1-B holder, being in America is a previlage, not a right, so no complains about that)
WHAT IS REALLY GOING TO HURT AMERICA IN THE LONG RUN IS THE RANDOM WAY IN WHICH THE QUEUE IS SET UP. UNLESS THE LAW MAKERS WAKE UP AND THE CREAM OF THE H1-B POPULATION IS PUT UP FIRST (SKIL BILL), IRRESPECTIVE OF THEIR COUNTRY OF ORIGIN, AND THE REST AFTER, IT WON'T BE LONG BEFORE THE CREAM DECIDES TO JUMP SHIP TIRED OF FIGHTING THIS BORKEN SYSTEM. Its when that starts hurting America, the law makers might finally wake up...but it might be too late.
A country like India is probably moving forward 10 times faster than America. How long will it take before the two catch up in incomes/standard of living based on the PPP. Based on what I have seen in the last 10 years, I would only give it another 5 years at the most..
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GCA
08-05 02:11 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..
mpadapa
09-26 10:14 AM
Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.
I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.
The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.
I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.
The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.
jkays94
05-24 01:48 PM
http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
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