unitednations
12-22 02:42 PM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
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kondur_007
06-08 07:01 PM
There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
DDD
02-16 08:41 PM
looking good eilsoe.... I wish I had time to join. Wanna give myself a modo project.
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anilsal
06-30 10:50 PM
It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.
Just go to the USPS website and locate an office that is open on Sun.
Just go to the USPS website and locate an office that is open on Sun.
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justAnotherFile
07-15 08:44 PM
I got one FP done after filing I-485 and another when I first applied for EAD (18 motnhs back)
My spouse got only one FP request after I-485 and none during EAD renewals.
I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.
My spouse got only one FP request after I-485 and none during EAD renewals.
I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.
Rb_newsletter
04-09 06:39 PM
i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....
y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....
y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
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HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
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mps
06-20 03:05 PM
Got GC for me and for my wife.
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
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trueguy
04-06 05:55 PM
Do you know the POE?
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jonty_11
07-11 01:15 PM
again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)
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kondur_007
07-12 04:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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number30
10-11 07:13 PM
Damn, I miss India now.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.
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.soulty
03-09 08:00 PM
just enter whatever you have on the date and then fix it up after.. no drama, you can always use this piece for a portfolio or something and you can showcase it later.
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illinois_alum
07-16 08:15 AM
Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
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qasleuth
05-26 05:50 PM
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
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StarSun
09-10 11:01 AM
One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
While there is nothing wrong in knowing the correct pending numbers, there is nothing to gain actually from it. If the goal is to guess correctly when you will be current, then this is worthwhile!!
USCIs shouldn't say they don't have this data and we shouldn't say we never requested this
While there is nothing wrong in knowing the correct pending numbers, there is nothing to gain actually from it. If the goal is to guess correctly when you will be current, then this is worthwhile!!
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hpandey
05-26 04:43 PM
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Yes I also saw this while going to NH this weekend. Crazy people I would say . Didn't seem logical to me seeing them blocking the whole highway. Maybe they were looking for someone or had a genuine reason for doing it in such a manner since stopping one or two happens all the time but they were really doing it to a lot of people.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Yes I also saw this while going to NH this weekend. Crazy people I would say . Didn't seem logical to me seeing them blocking the whole highway. Maybe they were looking for someone or had a genuine reason for doing it in such a manner since stopping one or two happens all the time but they were really doing it to a lot of people.
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frostrated
07-13 09:20 AM
when is the next 485 pending inventory report due?
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jonty_11
06-13 01:37 PM
Can Bush really do it?
Source - www.immigration-law.com
06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?
* Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.
Source - www.immigration-law.com
06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?
* Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.
iv_only_hope
02-21 04:21 PM
I guess one worst case scenario would be EB1 and EB2 row using upto 39,000 visas each. Then the 140k/ year wait for India and china would extend to eternity
Hermione
09-26 10:44 AM
[QUOTE=BharatPremi;173398]Hermione,
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
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