Saturday, June 18, 2011

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  • sheela
    10-16 07:14 PM
    It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.

    Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."

    I donot care but it simply tell some people are intelluctually bankrupt
    and use RED dots to block any healthy discussion on forum
    My suggestion: Come on and show your real worth rather than using red dots





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  • Jerrome
    08-07 11:02 AM
    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    Very much what i expected.

    Means we had(have) 25K visas to be used(only from EB Quota) in July,August and September rt.





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  • ring Osama in Laden to



  • willigetagc
    08-23 09:56 AM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

    Thanks.

    Tricky situation, many permutations. Check with a lawyer.

    But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.

    Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.





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  • rongha_2000
    08-29 05:37 PM
    I typed that in google and its been searching since, first it searched the web, then it invoked googleearth and now its on googlespace..!! :D :D


    most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?

    What are the steps to be followed and things to watch out for in selecting a desi consultant?



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  • Jaime
    09-13 01:48 AM
    C -u -n -dc!!!!!!!!!!





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  • gc_bucs
    02-18 04:33 PM
    Not sure where you read that H1B would be eliminated totally. It does mention Elimination of H-1B Classification for Fashion Models

    Below is the text

    TITLE VII--EMPLOYMENT-BASED IMMIGRATIONCommentsClose CommentsPermalink


    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
    Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink



    (1) in subsection (a)(5)--CommentsClose CommentsPermalink



    (A) by amending the paragraph heading to read �Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment�;CommentsClose CommentsPermalink



    (B) by moving the text down and to the right 2 ems;CommentsClose CommentsPermalink



    (C) by inserting before such text the following: �(A) IN GENERAL- �; andCommentsClose CommentsPermalink



    (D) by adding at the end the following:CommentsClose CommentsPermalink



    �(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual�s immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.CommentsClose CommentsPermalink



    �(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual�s immigration status.�; andCommentsClose CommentsPermalink



    (2) in subsection (c)(2), by adding at the end the following: �The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term �Special Counsel� includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.�.CommentsClose CommentsPermalink




    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary�s recommendations based on the study.CommentsClose CommentsPermalink




    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
    Section 214 is amended--CommentsClose CommentsPermalink



    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; andCommentsClose CommentsPermalink



    (2) by adding at the end the following:CommentsClose CommentsPermalink



    �(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:CommentsClose CommentsPermalink



    �(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.CommentsClose CommentsPermalink



    �(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.CommentsClose CommentsPermalink



    �(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.CommentsClose CommentsPermalink



    �(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.CommentsClose CommentsPermalink



    �(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an �Office to Preserve American Jobs� within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.�.CommentsClose CommentsPermalink

    SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
    (a) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--CommentsClose CommentsPermalink



    (1) by striking �or as a fashion model�; andCommentsClose CommentsPermalink



    (2) by striking �or, in the case of a fashion model, is of distinguished merit and ability�.CommentsClose CommentsPermalink



    (b) New Classification- Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--CommentsClose CommentsPermalink



    (1) in clause (iii), by striking �clause (i) or (ii)� and inserting �clause (i), (ii), or (iii)� and by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink



    (2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink



    �(iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or�.CommentsClose CommentsPermalink



    (c) Effective Date and Implementation-CommentsClose CommentsPermalink




    http://www.opencongress.org/bill/111-h264/show

    This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

    Please add your views about this bill.

    Also, is there a IL chapter for IV?



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  • chanduv23
    12-15 11:20 AM
    gcisadawg,
    Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

    Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    I can go on and on.....

    I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !

    It is not about demand and supply - these two things can never me matched in the best possible way. remember - H1b and GC are typically platforms provided by US govt towards bringing in talent and workers and fill in gaps and keep the competitive spirit and keep US always the best country in the world.

    If there is demand - there is demand. Period. if there is supply there is supply. Period. Supply can come from anywhere. Demand cane arise from anywhere. For eg.. An IITian need not necessarily be the best candidate to fill a spot in a X company in North Dakota and a MSFT need not necessarily be the only company to go abroad and find candidates ONLY from ivyleague.

    I know so many people who are from IIT and work for desi companies - they get good salary and are happy.

    Just go back and think about the best professor you had in your college. If you think that he must get a GC because he is very intelligent - youare wrong. On another note - if the same professor feels he must get a GC, he may probably pay a desi body shop , learn SAP and get an IT job come here - then he may rather go back to his ways of teaching if he wanted to do it again.

    What I am trying to say is - there is no point in discussing about demand, supply, talent, whether we are required or not, we must look at ourselves - whether we want what we want. If we want what we want - we must work towards it - unfortunately our community thinks - we are/are not entitled - and have so many discussions. There are people who do what it takes to get what they want - and they may use body shops or whatever they can to navigate the system. There are people who think others will help them and now a lot of people think Obama will come to their house personally to give them a GC.





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  • keshtwo
    07-09 04:40 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.



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  • coolmanasip
    03-07 11:54 AM
    Please read my scrap carefully.....I did say that you need a letter from the company stating that they will employ you on a full time permenant position upon receiving your green card!.....However, you do not need any other support like ability to pay, labor certifications, etc.





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  • pointlesswait
    01-16 04:21 PM
    about the dakumentary: nice idea
    so the lead role must be an immigrant..i will gladly play the lead..;-)
    Title: Harlot's of the GC
    :rolleyes:



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  • ak27
    02-20 09:32 AM
    I have written to my congressmen couple of times but I am yet to recieve any response. I will contact his office again this week..

    Ajay





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  • srkamath
    07-13 12:34 PM
    Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.

    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.



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  • rexjamla
    03-07 08:49 AM
    There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

    Job title can be different but job duties must be similar.

    Salary difference is ok but it should not be less than what is mentioned in labor certification.

    In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).

    Cheers!





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  • Jaime
    09-10 02:37 PM
    Hey Andy, yes, join us on the 18th! We can help with your airfare, and even better if you can bring your wife and kids!!!!



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  • BECsufferer
    02-13 06:52 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.

    Dude;

    This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!

    So thank God this is happening and hope USCIS does good job this time.





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  • amitpan007
    06-06 11:54 AM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.



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  • WeShallOvercome
    07-20 02:38 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.

    you don't need PD's to be current to apply for interim benefits like EAD/AP





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  • bigboy007
    06-30 06:54 AM
    Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?





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  • dehradoon
    08-16 06:13 PM
    Because you guys are not as clever as EB2s.

    you sir, certainly are not as smart to file in EB1. more ever its not about being clever it can sometimes also be a company policy, the exp, the qualification. There are plenty to shops that do not entertain EB2. EB2 or EB3 hardly makes a difference at professional level. Its only a counter in GC.

    Once this is all over, an EB2 case just might be reporting to an EB3 Manager.

    Please do not post comments like this, everyone is in this for a cause, You did not make a first impression as a concerned member of IV and since you are here the cleverness is itself proven.





    jcmenon
    07-24 09:31 AM
    I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.





    jthomas
    05-26 10:39 PM
    I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
    Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
    I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.

    J thomas

    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?



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