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  • dixie
    12-04 09:44 PM
    Personally, if I am not going to get a GC, I would much prefer loosing 20-25% of the PPF and have some chance of recovering the remainder from the "babus" than loosing all of it to the US government that considers me ineligible for benefits that I have already paid for in full. Its a positive sign that the Indian govt, whatever its vested interest may be, has at least considered taking up this issue.

    Lets not nitpick on corruption and nepotism in our home countries. Its no secreat that it exists here as well - except that it goes by different names such as premium processing, amnesty etc and the whole thing is more streamlined and marketed with a positive spin on it.Nobody has experienced that more than us. And yeah, I am being cynical here.





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  • jasguild
    07-16 10:59 PM
    but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)

    All all this does is to push the bottleneck further down the pipeline.

    the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending

    Sorry I dont share the enthusisam

    jasguil





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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.





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  • tonyHK12
    11-04 10:35 AM
    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    We have to show the public that we follow laws and our position is the same as that of the US govt - no illegal border crossing.
    Employing illegals is breaking the law.
    Our loyalty is first with the federal govt obviously.
    Openly supporting/harboring/encouraging a single illegal is breaking federal law, and will land a person in Jail and can get him deported.
    Its a misconception that voicing opposition to illegals will turn off the public from IV, in fact its the other way around .
    If a reader cannot comprehend the difference a legal immigrant makes, they are wasting our time anyway, and should go back to high school.

    We are a completely seperate group, and as an organization our only relation with them is due to politics, because of which we try to stay neutral.
    We can side with them, if they promise to return all my taxes paid so far. Unlike the undoccumented, we have many options.

    The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    Nothing grandoise is going to happen with immigration for the next few or many years, especially CIR. The only bills that can go through are piece meal and ones targetting specific issues.

    I want to repeat, I have nothing against illegals, but the overall opinion of them is pretty negative in the majority of the country.
    I hope there is a solution that can help them, but I can't find anything beyond a temporary visa.



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  • Munna Bhai
    05-15 04:14 PM
    This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.

    Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...

    Looks like you already received GC and you have great & lot of time to get into other issue.





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • Bthram
    06-06 09:06 AM
    What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?

    Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..

    Congrats on the promotion tho..:)

    Answers to the questions above:
    1. The company is a Manufacturing company.
    2. They have 17,000 employees.
    3. Yes. Salary has changed but not significantly.





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  • rdoib
    08-23 10:31 PM
    We got to get it done and make solid impact rest is futile



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  • Macaca
    07-10 08:57 AM
    Media Matters Lou Dobbs section: http://mediamatters.org/issues_topics/shows/loudobbstonight
    Here is a recent attack on undocumented "DREAM act" students exposed by Media Matters: http://mediamatters.org/items/200707060009?f=h_latest


    Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.

    Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.

    Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions.





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  • anilsal
    10-11 04:38 PM
    either missed BEC by luck (pre-PERM folks) or used substitute labor. They all have GCs.

    And there are people like me, still waiting waiting waiting.

    It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.

    Nothing is fair.



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  • obviously
    07-10 11:29 AM
    Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!

    Here is what I would suggest: write to Lou and CNN producers exposing
    how Lou's views:
    - Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
    - How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
    - How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
    - How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.

    Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.

    Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.





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  • HarshJ
    10-02 01:41 PM
    The only thing seems to be happening is that they are transferring cases from NSC/TSC to CSC/VSC for EADs, APs and I-485s for data entry and EAD/AP approval.

    CSC seems to be doing a great job at that (received EADs and APs in exactly 60 days). Once these are issues and the I-485 data is fed in, the I-485 jurisdiction is passed back to NSC/TSC (wherever your I-485 originated from).

    I am still waiting on my I-140 approval (filed in March 2007)...hoping to get it by around end of year.



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  • msekhargc
    12-03 05:30 PM
    Hi,

    You need to submit a new education evaluation.

    I had also received an RFE.

    An acceptable evaluation must:
    1) consider formal eduction only
    2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
    3) provide detailed explanation of material provided

    For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.

    Thanks





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  • nrk
    10-27 11:20 AM
    Hi Saileshdude,

    Here are my responses

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
    Ans: No idea o this.

    2) Do you have any case against you (ciminal or civil) in your home country?
    Ans: Never been to a police station here or any where (I mean to say no cases at all)

    3) Did you have any unlawful status of more than 6 months during your presence in US.
    Ans: Never
    4) Do you have any case pending here?
    Ans: No
    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
    Ans: No.

    Apart from this i have seen 3 cases in .com today all the cases were files a service request in TSC either on 10/14/2009 or 10/15/2009 resulted the same status.



    nrk,

    I see various possibilities. Best bet would be to take Infopass soon and find out.

    1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.

    2) Do you have any case against you (ciminal or civil) in your home country?

    3) Did you have any unlawful status of more than 6 months during your presence in US.

    4) Do you have any case pending here?

    5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?

    These are just few things that may cause this.

    Do update us what you find out after Infopass.



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  • masala dosa
    04-01 03:16 PM
    Isnt no one reading this post?
    only three Cos so far?
    Shrey, please send me the plan for presentation .
    Cheers mates





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  • gc_lover
    06-27 08:56 AM
    Could you please assign date time for every single member that they should file their application on?
    Thanks a lot.

    :D



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  • OLDMONK
    07-19 12:46 PM
    Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.

    Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.

    I am sure so many in the same boat. Is there anything we could do?

    She would still need to be on the Payroll and reported as an employee, preferable from the date of COS, If making a case of vacation or medical leave.





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  • flipflop
    11-18 12:41 PM
    it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
    money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.

    Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
    And believe there are defaulters among these highly qualified legal immigrants too!

    So again, how did you solve the housing slump problem in the first place???





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  • meridiani.planum
    07-19 11:53 PM
    Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?


    well since we are in the mood for quotes here's a different take on the use of past moves in making a current move:

    George Santayana:
    Those who cannot learn from history are doomed to repeat it.

    Etienne Gilson:
    History is the only laboratory we have in which to test the consequences of thought.

    Kurt Vonnegut:
    History is merely a list of surprises. It can only prepare us to be surprised yet again.

    Pearl S. Buck:
    One faces the future with one's past.

    though ofcourse there is no point in fretting over split milk, learning from the past is very very important... Both your own past moves as well as those of people before you.





    rangaswamy
    07-30 05:03 PM
    Filed paper renewal on june 12th, Received card production ordered email today.
    Ap was submitted 2 days ago.
    PD is May 06. Spouse's app was filed same time , no update yet. No FP notices.

    AR





    xbohdpukc
    03-18 01:49 PM
    Hello Everybody
    This is my first post. I worked my ass off to get a favorable
    solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.

    Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
    I think Immigrationvoice is on the right path... Lets face it people!!!

    thanks
    babu.

    EB immigrants are not a hot political issue with the House, when the illegals are. Nowhere do the house representatives, except Tancredo and the likes, voiced their opposition to expanding EB immigration and providing some sort of relief for people caught in the backlog. I believe that the immigration provisions were dropped from S.1932 just because it was a wrong bill. The pork got chopped off and this pork was too easy to compromise as there were much more important issues to fight for, like drilling in Alaska and Medicare. This bill IS about immigration issues and is about border security issues as well. The fact that Frist's bill drops the very controversial guest worker program can be considered as both a good and a bad thing. It is good since the bill will sail more smoothly through the Senate and hopefully the conference. On the other hand it is bad since Senate representatives in the conference now will not have this guest worker program to trade and drop when House reps will demand to drop something off the bill. To my understanding the way the conferences work, they need to meet somewhere in the middle in between the versions of the bill and since we have the very minimalistic bill passed by the House it is the Senate which will need to compromise and drop provisions from its bill.
    But taking the guest worker program off the bill is a good start I guess.



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