2BeeNot2Bee
09-14 06:45 PM
If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.
Ithink PD Porting might be legal at this time but not ETHICAL.
If substitution was unethical, July 07 out-of-turn PD flood which has created a HUGE backlog is unethical, if that is unethical, PD porting is also unethical.
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soda
08-11 03:15 PM
If I had my I-485 applications mailed on July 2nd and had it postmarked on July 2nd, but reached USCIS on July 3rd, according to USCIS, does that mean that my application was filed on July 2nd?
saikatmandal
09-11 04:55 PM
Saw the Oct Visa Bulletin ....
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
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needhelp!
09-10 05:08 PM
Send your donation to:
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
Immigration Voice
PO Box 114
Dayton, NJ - 08810
Telephone: (202) 386-6250
Hello!
If possible can you allow people to donate any amount they want?
I did $100 donation and transaction Id is 4V64496321804025H. I have sent this information to all of my friends. There might be some people who want to donate but less than $100 one time donation.
My understanding is that IV is having around 24,000 members and even if everybody donates $2 then it will be around $46K. So if possible please send a mail to all the members to do at least $5 donation.
Thanks and Regards
more...
pappu
11-20 10:13 PM
Work in progress; comments welcome.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
.
Thanks for the effort. All pls send PMs to jimi if you have comments.
tdasara
07-05 11:17 PM
Can anyone post the email of the reporter?
more...
GCard_Dream
09-10 01:00 PM
The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
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InTheMoment
07-18 02:23 PM
Yes..a fairly correct and concise way of putting it !:)
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
So now guys realize how RD becomes crucial within the PD current window !
If the window is too current say 06/07 than it may not be fair to older PD's
if it around 2003 the window is not too wide and quotient of fairness increases.
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
more...
nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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NKR
01-06 07:38 PM
By the way, since when 100's of students mean a couple of folks? So far I have taught about 100 such students. And I and my colleagues have been observing problems with such students for over last 5 years or more (about 1000 students). These are not anomalies, rather statistically significant observations.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
And, by the way, (almost) all these students join Indian consulting companies after graduation, which means (at least those) consulting companies care nothing about the quality of the employees. Banning H1-B access to such consulting companies will be of desirable, indeed.
You seem to be a guy from north India who dislikes anything remotely connected to south, or probably you are envious of the strides that south India has taken, anyways I do not care what YOU or Wadhwa says about the quality of education in some parts of the world.
I do not know how this discussion is going to help our cause.
Moderators, please close this thread. This thread has potrayed India in bad light to the rest of the world and has given enough ammunition to anti immigrants.
more...
saimrathi
06-06 04:04 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
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Milind123
09-15 06:10 PM
Was working today. Did not see much activity here.
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
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HV000
09-28 06:45 PM
Oh Law Firm Update :
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!
09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007
Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.
This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!
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eb3_nepa
07-05 02:42 PM
awsome.. that's a good news....good luck
Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.
Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.
more...
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ashutrip
06-21 02:12 PM
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....
thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....
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hindu_king
03-04 12:49 PM
Just out of curiousity, did you or your mortgage broker fill out Form 1003 - Uniform Residential Loan Application (or a similar form)?
https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf
If so, what did you answer (since you must have signed the document) on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?
I dont recall signing this but I've to go back and check.
https://www.efanniemae.com/sf/formsdocs/forms/pdf/sellingtrans/1003.pdf
If so, what did you answer (since you must have signed the document) on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?
I dont recall signing this but I've to go back and check.
more...
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GCSeekerCT
03-04 07:30 PM
They can deny for whatever reason they think is risky. Banks are looking for reasons to NOT loan right now, as opposed to 2 years ago when everyone waling in were offered free money.
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
I suggest you go to a reputed FCU or small, regional bank. IMO, they are much better to work with. I recently refinanced a loan with an FCU, originally extended to me by our local bank.
Terms and paperwork is VERY easy, you get to talk to the same people through your application as opposed to a big bank where your papers are pushed around the country every week (my experience with BoA).
HTH
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sprajulu
09-10 04:42 PM
Friends
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
We need to write letters to USCIS directors and inform them about USICS senseless activities like issueing the G cards to latter PD's and not touching the older PD files
more and more letters should be send so that they will realize atleast for future visas. other wise older PD people won't get GC's for ever
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rbkrao
03-04 11:40 PM
Our cases are with NSC. EB2. PD: Mar -06
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
vram
08-26 12:23 PM
I know this is not the Forum to discuss this matter.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
But I hope this should answer some questions
1. Home Loans if the Loan is taken from a US Bank/Mortgage lender
then it is Tax deductible because they send out a 1040 at the end of Tax year.
2. But if the Home Loan is taken from a a NON-US Bank, then it is not Tax deductible in the US. As they do not send out a 1040.
gcfriend65
01-06 12:10 PM
I totally agree with Prof. Wadwha, No-H1B and only EB legislation. Increasing H-1 B strikes same emotional poison in minds of Americans as foreigners taking
local jobs and those jobs not going to the 'Sons of the Soil'.
IV should only concentrate on EB legislation. Any steps towards H-1B will nullify all struggles towards EB.
I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
local jobs and those jobs not going to the 'Sons of the Soil'.
IV should only concentrate on EB legislation. Any steps towards H-1B will nullify all struggles towards EB.
I have been confused by some of the things Professor Wadhwa says -- being opposed to H1 visas and saying there are no shortages of engineers. I saw this video on Youtube which explained everything to me. He is acting like a true American -- like we should once we become citizens. He is advising America on how they can stay competetive -- like all of us want for this great country. But he is also saying that the real solution is for America to welcome immigrants as permanent residents rather than on temporary visas.
Now I understand his message -- if you want to bring in the best from all over the world, bring them here on green cards -- not H1 visas. I also read one of his interviews where he said he was concerned about how H1 workers were taken advantage of and how they lived in immigration limbo. He really does care about doing what is right for all of us.
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
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