thepaew
06-01 11:17 AM
228 people are possibly dead. Save your glee for another day.
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
Isnt this Ironic that Air France Flight went missing on coast of Brazil.
I think someone up in the sky has whipped at Air France.
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visacase
06-21 03:55 PM
Hi,
Please help me with my situation below:
1) Got laid off from company A (they haven't cancelled my H1).
2) Got my H1B transferred to company B (this H1B transfer has not yet been approved). I did not work for them.
3) I did premium processing for H1B transfer for company C and got it approved. I haven't started working for them.
4) Now I have decided to work for company D. They are ready to do my H1B transfer.
Will that be a problem or do I have to go with company C? I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.
Please help me with my situation below:
1) Got laid off from company A (they haven't cancelled my H1).
2) Got my H1B transferred to company B (this H1B transfer has not yet been approved). I did not work for them.
3) I did premium processing for H1B transfer for company C and got it approved. I haven't started working for them.
4) Now I have decided to work for company D. They are ready to do my H1B transfer.
Will that be a problem or do I have to go with company C? I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.
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vishal
06-10 02:48 PM
Congratulations for all those who became current.
485 Approved: February 2010.
485 Approved: February 2010.
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piyushpan
03-22 11:42 PM
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
more...
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sukhyani
11-08 07:24 PM
"Democratic strategist from the centrist wing of the party, said in an interview before the news conference that prospects for the kind of broad immigration reform the president wants -- tough enforcement coupled with some kind of pathway to citizenship for long-time illegal immigrants -- may have improved with more Democrats elected to Congress."
__________________________________________________ __
I personally believe things have start to look promising for us after Democratic take over of the Congress last night!
best of luck to all of us
__________________________________________________ __
I personally believe things have start to look promising for us after Democratic take over of the Congress last night!
best of luck to all of us
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GC_ASP
07-18 07:41 AM
You can file 485 even without the I-140 receipt number. You need to include a cover letter with your details. Also, include the copy of your labor certification with it. You can get more details here.
http://www.immigration.com/fromtheagency/nsc112006.html
http://www.immigration.com/fromtheagency/nsc112006.html
more...
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chanduv23
09-18 11:44 AM
If anybody has experience here please answer the bellow Qs:
01. If I-140 is revoked by the previous employer after invoking AC12, does the status of I-140 changes? Any LUDs?
02. How long does it take to revoke an I-140 after the employer sends the withdrawal request?
usually you get an LUD on 140 and 485 at same time. When does it happen? Depends, for some people it happens after a few weeks for some, few months.
In my case it happened on Aug 5th whereas my ex employer informed me he is requesting revoke on July first week. Apparantly - the same time my 485 also seemed to be being processed because they sent FP notice to my wife and NOID to me, we are JJuly filers and never got FP notices. When I called customer service, they advised that wife can go for FP and I have to respond to NOID and advised me to respond ASAP to continue with the case. My response reached on Aug 25th and I saw soft LUDs hitting my case continuously for 3 days - guess it is with an officer, but never got my FP notice though my wife completed it.
01. If I-140 is revoked by the previous employer after invoking AC12, does the status of I-140 changes? Any LUDs?
02. How long does it take to revoke an I-140 after the employer sends the withdrawal request?
usually you get an LUD on 140 and 485 at same time. When does it happen? Depends, for some people it happens after a few weeks for some, few months.
In my case it happened on Aug 5th whereas my ex employer informed me he is requesting revoke on July first week. Apparantly - the same time my 485 also seemed to be being processed because they sent FP notice to my wife and NOID to me, we are JJuly filers and never got FP notices. When I called customer service, they advised that wife can go for FP and I have to respond to NOID and advised me to respond ASAP to continue with the case. My response reached on Aug 25th and I saw soft LUDs hitting my case continuously for 3 days - guess it is with an officer, but never got my FP notice though my wife completed it.
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dask
06-10 04:34 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
more...
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nk2006
07-15 10:38 AM
The attorney i had was Jeffries expensive but good.
I have a BS in biology and computers (was on F1 visa)
Then I did research on cancer cells at the university while trying to get into Graduate school. Got my MS in information Science and also an MBA.
For MBA I did my research on Economic growth and Military spending.
After MS i got job h1b for a research facility was doing mba at the same time. Switched employer to work for a multi national corporation. Quite my job for multi national because they would not apply green card started work for a consulting body shop they apply for my green card.
Now Soon I will give my resignation.
You really have a great lawyer to pursue EB1 while your EB2 application is in process (that too without even requesting) .... I almost cant believe that there are such lawyers in immigration field. Congratulations and have fun.
As an aside I will tell my story - have couple masters and a PhD with several publications. My EB2 thru employer is pending. I requested (actually begged) my employer and attorney to pursue EB1 as well - they said no - lawyer's response is EB1 is very difficult and you should be someone of nobel prize calibre etc.etc. I tried convincing by giving several examples of my friends/classmates in PhD who got approved with fewer publications/patents. The lawyer got irritated (maybe because I am providing info that he is not very well aware of) that I am actually giving suggestions and he and HR indicated that I should be happy that they are sponsoring me for EB2. I went ahead with another private attorney to submit another EB1 I140 separately which is still pending. EB1 needs lot of paperwork on our own and needs employer assistance in providing solid proof that work is of high importance - I didnt get that assistance so not very positive about EB1 approval. For now just waiting for my EB2 PD to become current.
I am telling this story because my experience with immigration attorneys is generally bad and its same with scores of friends so much so that I am convinced that immigration lawyers may be one of the least competent professionals in US. In US customer satisfaction is everything in almost all professions - customer is god because he/she is giving us business. But in immigration lawyer community - the end customer may not be the one who is giving them money and even worse the HR people in companies (even the best ones) are either ignorant of or scared of immigration laws and just defer everything to lawyers who kind of exploit this situation. So if you come across a good immigration lawyer please say thanks to him/her on all our behalf.
I have a BS in biology and computers (was on F1 visa)
Then I did research on cancer cells at the university while trying to get into Graduate school. Got my MS in information Science and also an MBA.
For MBA I did my research on Economic growth and Military spending.
After MS i got job h1b for a research facility was doing mba at the same time. Switched employer to work for a multi national corporation. Quite my job for multi national because they would not apply green card started work for a consulting body shop they apply for my green card.
Now Soon I will give my resignation.
You really have a great lawyer to pursue EB1 while your EB2 application is in process (that too without even requesting) .... I almost cant believe that there are such lawyers in immigration field. Congratulations and have fun.
As an aside I will tell my story - have couple masters and a PhD with several publications. My EB2 thru employer is pending. I requested (actually begged) my employer and attorney to pursue EB1 as well - they said no - lawyer's response is EB1 is very difficult and you should be someone of nobel prize calibre etc.etc. I tried convincing by giving several examples of my friends/classmates in PhD who got approved with fewer publications/patents. The lawyer got irritated (maybe because I am providing info that he is not very well aware of) that I am actually giving suggestions and he and HR indicated that I should be happy that they are sponsoring me for EB2. I went ahead with another private attorney to submit another EB1 I140 separately which is still pending. EB1 needs lot of paperwork on our own and needs employer assistance in providing solid proof that work is of high importance - I didnt get that assistance so not very positive about EB1 approval. For now just waiting for my EB2 PD to become current.
I am telling this story because my experience with immigration attorneys is generally bad and its same with scores of friends so much so that I am convinced that immigration lawyers may be one of the least competent professionals in US. In US customer satisfaction is everything in almost all professions - customer is god because he/she is giving us business. But in immigration lawyer community - the end customer may not be the one who is giving them money and even worse the HR people in companies (even the best ones) are either ignorant of or scared of immigration laws and just defer everything to lawyers who kind of exploit this situation. So if you come across a good immigration lawyer please say thanks to him/her on all our behalf.
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needhelp!
05-01 04:39 AM
Thanks amit_sp & gova123 & psvk & xlr8r & 65B4GC & asanghi & GCneeded & tampa2006 & gnlbigte
We have a very long way to go/ So far less than 100 members have contributed. less than 0.4% of our membership... its time to come together now and show our strength!
Contributions in any amount can be made through PayPay to donations@immigrationvoice.org
We have a very long way to go/ So far less than 100 members have contributed. less than 0.4% of our membership... its time to come together now and show our strength!
Contributions in any amount can be made through PayPay to donations@immigrationvoice.org
more...
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Macaca
09-17 12:40 PM
Prejudice is a
great time saver.
You can form opinions
without having to
get the facts
E. B. White
great time saver.
You can form opinions
without having to
get the facts
E. B. White
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Maniraj Patri
09-07 11:04 PM
Really great.. very useful information..
more...
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swamy
11-18 10:11 AM
Credit cards are issued mostly to GC holders only unless they have a checking account as well with the institution-unless one lies in the application. You are also presuming a 100% credit worthiness and sign up rate - extremely optimistic. This would work when IV is about a million strong and if people like you and me become 'resident' aliens - and dont turn our backs on those behind us.
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vjkypally
09-22 09:57 AM
Aunts and Uncles with Gifts is no reason for you to look down upon entire SW Industry. Remember ur handle "JISDESH......" is prospering because of this Industry. Your Uncles and Aunts didnt do anything to get "JISDESH..." to the position it is in today.
You probably dont deserve a response. I am not from SW industry and yes I have a double Masters but don't feel heart broken that these guys stood up for their rights!!!
You probably dont deserve a response. I am not from SW industry and yes I have a double Masters but don't feel heart broken that these guys stood up for their rights!!!
more...
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sundevil
06-20 10:40 AM
That is true!
As for fee increases big companies do not really get hurt, if they need someone and it costs 5K, in their grand scheme of things its not a big number.
Also I am not sure why people assume Big tech Companies want only H1Bs, thats not true, I have had interactions with various levels where they hate having to go through all these attorneys every H1B renewal and ambiguity about their employees traveling. Ideally they would like to get their employees a GC right after they go through PERM. My group had to withdraw 2 offers for Master's students because they won't be able to get H1b till Oct'2008, and we were not looking for just H1B/F-1 employees, but any fresh Grads.
As for GC numbers, H1B cap of 65K was somewhat of a sweet spot for 140K available. Considering not 100% of H1B's apply, but there are other non H1B EB GC applications. So if we club all these and still keep the number to approx 65K and add dependent factor, this 65K*2.X translates close to 140K. Now increase these to 115K and keep the numbers at 140K and no spill overs from ROW for the Point System. Viola!! We have log jam worse than LA freeways, only now some of the cars will never get to their destination.
With lot of consulting people applying for EAD's and getting GCs, they will not be willing to part their hard earned $s. Not implementing H1 restrictions will give a chance to get fresh meat for these blood sucking so called consulting companies, only this time it could be bonded slaves with GCs not in sight.
Ideally we would like to have all these consultant needing companies start hiring permanent employees and put most of the ill intentioned body shoppers out of business. But with this bill these BS(Body shop) Co will find some loop hole(and trust me, Find it they will) and get lifetime slaves through H1B and suck half their earnings rest of the poor souls life. We are scared of the wrong thing, H1B restrictions, instead of worrying about how trapped and helpless thousands of people will be in clutches of these companies. I would rather these people enjoy the freedom and prosperity of India and China, than living uncertain life here and feeding the Leaches of the system.
And everyone is wondering why they are not fighting these H1 restrictions. They wont, this bill is great for them. Its not their 5K for H1, and it comes with hand-cuffs and shackles.
There, I poured my passions out about this issue. Phew :rolleyes:
You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.
As for fee increases big companies do not really get hurt, if they need someone and it costs 5K, in their grand scheme of things its not a big number.
Also I am not sure why people assume Big tech Companies want only H1Bs, thats not true, I have had interactions with various levels where they hate having to go through all these attorneys every H1B renewal and ambiguity about their employees traveling. Ideally they would like to get their employees a GC right after they go through PERM. My group had to withdraw 2 offers for Master's students because they won't be able to get H1b till Oct'2008, and we were not looking for just H1B/F-1 employees, but any fresh Grads.
As for GC numbers, H1B cap of 65K was somewhat of a sweet spot for 140K available. Considering not 100% of H1B's apply, but there are other non H1B EB GC applications. So if we club all these and still keep the number to approx 65K and add dependent factor, this 65K*2.X translates close to 140K. Now increase these to 115K and keep the numbers at 140K and no spill overs from ROW for the Point System. Viola!! We have log jam worse than LA freeways, only now some of the cars will never get to their destination.
With lot of consulting people applying for EAD's and getting GCs, they will not be willing to part their hard earned $s. Not implementing H1 restrictions will give a chance to get fresh meat for these blood sucking so called consulting companies, only this time it could be bonded slaves with GCs not in sight.
Ideally we would like to have all these consultant needing companies start hiring permanent employees and put most of the ill intentioned body shoppers out of business. But with this bill these BS(Body shop) Co will find some loop hole(and trust me, Find it they will) and get lifetime slaves through H1B and suck half their earnings rest of the poor souls life. We are scared of the wrong thing, H1B restrictions, instead of worrying about how trapped and helpless thousands of people will be in clutches of these companies. I would rather these people enjoy the freedom and prosperity of India and China, than living uncertain life here and feeding the Leaches of the system.
And everyone is wondering why they are not fighting these H1 restrictions. They wont, this bill is great for them. Its not their 5K for H1, and it comes with hand-cuffs and shackles.
There, I poured my passions out about this issue. Phew :rolleyes:
You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.
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franklin
09-20 02:27 AM
but I did my bit because I could not attend. I was part of the rally that happened in San Jose.
Please try to understand the message I am conveying rather than making fun. Although I did have a hearty laugh :)
Its fine - just a gentle teasing, I meant not harm - sorry! That's why I'm so vocal on this board as I'm neither male nor Indian. I was actually glad to see that I wasn't the only at the rally so I didn't look like a total fool!
Please try to understand the message I am conveying rather than making fun. Although I did have a hearty laugh :)
Its fine - just a gentle teasing, I meant not harm - sorry! That's why I'm so vocal on this board as I'm neither male nor Indian. I was actually glad to see that I wasn't the only at the rally so I didn't look like a total fool!
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h4visa
03-08 03:05 PM
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
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kate123
02-25 01:53 PM
desi3933,
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
Please refer paragraph 8 from:
http://www.ilw.com/articles/2009,0225-endelman.shtm
Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.
Thanks a lot
-Kiran :)
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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willwin
03-13 05:15 PM
It is a long story and has already been discussed here at great length. Whne you get a time click on my past postings and you will get the tons of info which relates to this claim.
Bharatpremi,
When do you think EB3-India will move to 2005? Any guess?
Bharatpremi,
When do you think EB3-India will move to 2005? Any guess?
dixie
11-07 10:57 PM
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
rayen
06-04 03:38 PM
Experts / Seniors,
I am preparing my AP renewal and have an question now with Q#3 : Class of Admission?, I am still working in H1 but while entering i used my AP.Please advice.
Thanks.
I am preparing my AP renewal and have an question now with Q#3 : Class of Admission?, I am still working in H1 but while entering i used my AP.Please advice.
Thanks.
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