amit_p27
06-26 12:36 PM
Ok all this Dharmic moralistic talk was highly unwanted.
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
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deba
08-08 01:50 AM
I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.
pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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lazycis
02-28 01:49 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
more...
Soul
02-05 03:06 PM
Thanks :bounce:
- Soul :goatee:
- Soul :goatee:
shana04
02-15 02:25 PM
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
I have notice one more soft LUD on new I 129. I don't know whats going on.
Any one with same or similar experience?
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
I have notice one more soft LUD on new I 129. I don't know whats going on.
Any one with same or similar experience?
more...
newuser
09-19 03:35 PM
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments. - I strongly object to the language used in your post. How can you say the IV members just went to get the autographs. If you were involved in any of the meetings with the lawmeekers, you would know the difference. Just don't come here for name sake and post whatever you want.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
Get educated yourself before posting these silly questions. Also open the thread in the appropriate forum.
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cc123
09-19 02:05 PM
Filed at NSC on July 2nd 2007. Got EAD/AP approval notices and receipts/transfer notices from CSC last week. No FP notice yet.
There are several in my company in the same situation..NSC->CSC and now CSC Xfr'd back to NSC. No one has rcvd FP notice. I think August 17th filers at NSC are ahead of us now and we are at the tail of the queue one more time.
The only advantage of CSC transfer is if you need EAD/AP desperately. if you don't then it's just bad luck.
There are several in my company in the same situation..NSC->CSC and now CSC Xfr'd back to NSC. No one has rcvd FP notice. I think August 17th filers at NSC are ahead of us now and we are at the tail of the queue one more time.
The only advantage of CSC transfer is if you need EAD/AP desperately. if you don't then it's just bad luck.
more...
StuckInTheMuck
07-25 11:22 AM
Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485
Did not know infopass is a cure for anxiety and sleeplessness. Lot of doctors are about to lose their patients :)
Did not know infopass is a cure for anxiety and sleeplessness. Lot of doctors are about to lose their patients :)
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mariusp
05-22 03:41 PM
When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
more...
Munna Bhai
08-20 03:49 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
Is this Desi?? This is very very bad.
Is this Desi?? This is very very bad.
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psaxena
05-29 09:05 PM
keep bumping it for another 5 days
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tanu_75
08-02 06:13 PM
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
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gcstruggle
11-09 04:15 PM
RD- July 10; ND - Sept 7, received FP notices for me but not for my spouse.
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gc4me
04-16 09:23 PM
It is not a mistake. Logically, ROW eb3 should not even be retrogressed.
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
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nozerd
01-04 10:45 AM
In India religious minorities have the rights to their own personal laws. I believe the Muslim personal law allows Muslims in India to have more than 1 wife.
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
more...
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sayantan76
05-29 07:11 PM
I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.
It is definitely not OK to be posting unconfirmed data as above.
I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India
However, if I think rationally without being condescending, here is my take:
Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.
When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say
The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.
No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......
Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......
It is definitely not OK to be posting unconfirmed data as above.
I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India
However, if I think rationally without being condescending, here is my take:
Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.
When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say
The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.
No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......
Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......
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gcdreamer05
02-11 10:43 AM
I saw the doc great work and thanks for putting in teh effort.
So in layman terms can you please explain, how many EB3 visas are allocated per month or per year and how many are necessary as per your doc, that will atleast help us understand how slow its gonna move,
are we talking about 15 days in one visa bulletin movement for EB3 or 30 days (1month) movement in one visa bulletin.
If we can do this , then we can predict how long it would take?
So in layman terms can you please explain, how many EB3 visas are allocated per month or per year and how many are necessary as per your doc, that will atleast help us understand how slow its gonna move,
are we talking about 15 days in one visa bulletin movement for EB3 or 30 days (1month) movement in one visa bulletin.
If we can do this , then we can predict how long it would take?
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boreal
10-28 08:57 PM
oh God! all of you self-righteous prigs! get a life and give this person a break. He didnt like something, so came out and expressed it, and very politely, i might add. If all you want to do is show the world how pompous your ego is, then go do it somewhere else..enough already!! If someone expresses something, dont take it personal and start responding as if he directed his comments at you!
walking_dude
11-30 11:44 AM
Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
undertaker
05-15 11:46 AM
While I do not condone all practices of these big companies: coz of them many ppl sitting in India will have a H-1 and may never come here but me and some of my friends who have been working hard as students here (doing B.S. from a very reputed school, that still doesn't help be cap exempt) shall likely be left out.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
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