Arjun
07-14 08:35 PM
I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.
The way it is working for EB2, it is going to work exactly for EB3.
The way it is working for EB2, it is going to work exactly for EB3.
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JEESEE
04-01 03:20 PM
My wife got same RFE asking for her medicals to be done as we couldnt do it at the time of 485 Filing. My Wife was expecting when we went for the Medical so the Doctor didnt give her the vaccines. our PD is Oct 2006.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
Some thing must be happening at USCIS side. Good.....OR.....Bad!!!! You decide.
Administrator2
04-08 07:22 AM
I might be interesting to check with a lawyer whether:
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.
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BharatPremi
03-28 05:50 PM
Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
This whole thing is a set conspiracy for the benefit of 5% . My biggest surprise is that nobody is asking a simple question: Why the hell traditional mortgages are designed for 30 years/40 years? Why not for 5 years and at the most for 10 years? If you might have seen your county record, you will see land cost is always a bear cheap against your total purchase price. Now you also know that construction cost is not that great too.
If you would have built that home by your self , you could built it at very reasonable price. So what is driving us nuts is the addition of "passive" amount which we call "market".. Now this "passive" insertion is designed for "Government" + " Lenders" + " realtors"--- and for their benefit you throughout your damn life end up paying mortgage. As long as the concept of "investment" and "profiteering" will be associated with housing you will see thousands of families get shattered for the benefit of some hundreds of families.
And you are seeing the effect. Government is out to save Bear Stern's as* but is not yet out to save millions of families.:mad:
Example: $ 500,000/- purchase price (3000 sq ft single family home)
Land cost: 80,000/- ( defined by county - assessment record)
Construction cost: 1,40,000/- (If you do home work you can easily
derive current construction cost)
Let's say you give the order to somebody to construct: Add his 25%
profit which is reasonable)
The real cost is 255000. If a man with median income of $ 49,000/- wants to buy a home he will still be able to do that with all happiness if government enforces some limit say for an example 5-10% "passive" margin on top of this actual current cost for these sharks. But now in today's world you would be paying this large "passive" difference so your lender, realtor and government become fat and you end up working your ass of for 30 years to pay it off.
The beauty is that everybody is doing that and government has authorized it so it is legitimate. Basically this whole damn system corner the money to 5% people and I am not ready to tell that a capitalism. "Dacoits rule the city of theives."
--------
here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
--
this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.
Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.
Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.
This whole thing is a set conspiracy for the benefit of 5% . My biggest surprise is that nobody is asking a simple question: Why the hell traditional mortgages are designed for 30 years/40 years? Why not for 5 years and at the most for 10 years? If you might have seen your county record, you will see land cost is always a bear cheap against your total purchase price. Now you also know that construction cost is not that great too.
If you would have built that home by your self , you could built it at very reasonable price. So what is driving us nuts is the addition of "passive" amount which we call "market".. Now this "passive" insertion is designed for "Government" + " Lenders" + " realtors"--- and for their benefit you throughout your damn life end up paying mortgage. As long as the concept of "investment" and "profiteering" will be associated with housing you will see thousands of families get shattered for the benefit of some hundreds of families.
And you are seeing the effect. Government is out to save Bear Stern's as* but is not yet out to save millions of families.:mad:
Example: $ 500,000/- purchase price (3000 sq ft single family home)
Land cost: 80,000/- ( defined by county - assessment record)
Construction cost: 1,40,000/- (If you do home work you can easily
derive current construction cost)
Let's say you give the order to somebody to construct: Add his 25%
profit which is reasonable)
The real cost is 255000. If a man with median income of $ 49,000/- wants to buy a home he will still be able to do that with all happiness if government enforces some limit say for an example 5-10% "passive" margin on top of this actual current cost for these sharks. But now in today's world you would be paying this large "passive" difference so your lender, realtor and government become fat and you end up working your ass of for 30 years to pay it off.
The beauty is that everybody is doing that and government has authorized it so it is legitimate. Basically this whole damn system corner the money to 5% people and I am not ready to tell that a capitalism. "Dacoits rule the city of theives."
more...
CreatedToday
01-06 04:21 PM
:confused:You don't believe this, but you believed when mullahs said, it was Israel and Jews behind 9/11! LOL
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
rimzhim
04-09 11:00 AM
Why should others suffer because of consulting firms?
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.
more...
alisa
04-07 01:23 PM
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
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ns33
07-13 12:20 AM
Great Job - Thanks for taking initiative... everyone please pitch in.
more...
alisa
01-04 03:30 PM
It looks like you are spokesperson of President Zardari and Pak foreign minister Quressi !!! Be honest and don't speak politician's language. Don't you think ISI is not involved with LeT? ISI is not under control of Pak government?
The ISI created the LeT. But the governments always create monsters, and then the policy changes, and the desk is closed, and the project funding is finished, and the resources are diverted to something else. The genie is usually never put back in the bottle.
I think thats what is happening. These are monsters of the past.
The other possibility is that the ISI and the army is reactivating its old network and restarting the old (pre-2002) policy. Personally, I don't think that is the case. I haven't seen a rational explanation for why the Pakistani establishment would want to do that at this point.
The ISI created the LeT. But the governments always create monsters, and then the policy changes, and the desk is closed, and the project funding is finished, and the resources are diverted to something else. The genie is usually never put back in the bottle.
I think thats what is happening. These are monsters of the past.
The other possibility is that the ISI and the army is reactivating its old network and restarting the old (pre-2002) policy. Personally, I don't think that is the case. I haven't seen a rational explanation for why the Pakistani establishment would want to do that at this point.
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anandrajesh
01-28 12:16 PM
Why should anybody listen to this guy? This guy doesnt really represent the facts.
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
more...
rockstart
07-14 02:11 PM
vdlrao's figues tell the story
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.
Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162
2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.
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spicy_guy
07-29 04:20 PM
I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.
Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.
Because thats what Americans want to fix first.
Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.
Because thats what Americans want to fix first.
more...
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rimzhim
04-09 11:46 AM
If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
Yes, I am exploring that option.
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
Yes, I am exploring that option.
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krishnam70
03-26 08:17 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.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
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.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
more...
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brb2
04-07 07:12 PM
If the Strive act passes then a large part of the H1B visa demand from US STEM will be out of the que, because these people will not need a H1B Visa. The proposed restrictions on H1B will put the body shoppers out of business where people are hired, put on the bench if there are no contracts, and if they do have a job, then the company will collect a hefty cut off the work of the H1B worker. If this part of the H1B numbers are out, then companies which genuinely hire hi-tech workers such as foreign qualified Engineers, Scientists, technicians etc. These people will then not have to compete for visa numbers with these Desi companies who might just bring in web developers to hire out on contracts at various sites accross the US. Currently, as things stand, a smart lawyer can get an H1B petition written up even to collect garbage or to pump gas at a gas station. No one can dispute that all this goes on. The restrictions should be in place only for new H1B employees not existing ones to minimize the effect on businesses and these employees too.
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aachoo
03-23 02:14 PM
The other day someone called me offering to sell some services.
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?
She said, she does not want to give me and be bothered with such sales calls.
So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)
Did you send Seinfeld a royalty? :D
-a
more...
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sledge_hammer
03-24 07:54 AM
Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
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GCKaMaara
01-09 01:42 PM
refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?
Well said!
Well said!
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ghost
07-15 01:29 PM
Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.
Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.
Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.
Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.
Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.
sriramkalyan
12-19 02:26 PM
Looks like time to shutdown IV site..
I suggested long time back .. do not allow anyone to start the threads ..
Only allow users who are active contributors to IV budget.
Now this site is becoming like yahoo chats ...
God help Immigration community ...
EB3 is not moving ...EB2 dead stop ...
I suggested long time back .. do not allow anyone to start the threads ..
Only allow users who are active contributors to IV budget.
Now this site is becoming like yahoo chats ...
God help Immigration community ...
EB3 is not moving ...EB2 dead stop ...
alien2006
05-24 10:05 AM
He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.
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