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  • ilikekilo
    03-25 04:27 PM
    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)


    None of my business as to what you do but U not going thru a lawyer seems counter intuitive to me.. not sure why u r taking chances to see whether you would regret or not? anyways good luck man..





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  • dontcareanymore
    08-05 02:33 PM
    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.





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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.





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  • svn
    03-31 07:27 PM
    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747



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  • ghost
    07-17 11:00 AM
    Randall,

    We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).

    Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)

    We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.

    Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.

    The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.

    IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.

    The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.

    For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.

    IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.

    I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.





    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.





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  • waitnwatch
    05-24 12:17 PM
    Did the brownback amendment pass with the CIR?

    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............



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  • unitednations
    08-08 04:24 PM
    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

    check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.





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  • sledge_hammer
    06-26 04:55 PM
    FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    If you work based on the historic values of price and rent appreciation - it should not make any difference.

    How? Just like the "fundamental" of any stocks price is how much money that company makes - the fundamental of a home price is the rent it can fetch in the market. So the home price and the rent will always increase at approximately the same rate.

    With that assumption, you will benefit from a "fixed mortgage payment" only if your home price/rent increases > inflation. Based on historic numbers - I doubt we can assume this to be the case.

    The period "right now" - is an aberration. I would caution everybody against using our intuitions honed in the debt fueled binge between 1980 to now. Cold hard numbers based on some quantifiable assumptions are better bets.

    >> People are not going to sell. They will just say put rather than take a 40% loss.

    Until inflation eats away at their "wealth" in the form of a house. :-). Markets are far more powerful and has a lot more tools at its disposal than people in denial.



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  • chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.





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  • srr_2007
    04-07 12:17 AM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.

    Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.

    They will earn more with less people and buy all the new model cars and houses everywhere in US.

    This is our problem and we have to fight for our good.



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  • soni7007
    08-06 04:01 PM
    Yes, i agree that it is unpredictable and no one can guarantee as to which one will move faster.
    But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)


    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?





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  • coolest_me
    12-26 05:40 PM
    Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.




    Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.



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  • brad_sk2
    01-06 02:19 PM
    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?

    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs





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  • anand2007
    07-07 11:42 PM
    I wish you a good luck and hope that your issue will be solved. contact good lawyer soon.



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  • mariner5555
    03-23 11:14 PM
    I agree he will loose his down payment or credit score in case of things going south on GC side but still he will be able to do whatever is best for his long term goals now and he will be better off in terms of equity when real estate market bounces back in 3-4 years.There are lucrative deals in the market and renting does not make any sense. There is always a risk factor and u can cover your risks accordingly. Anywaz What exactly ur going to do with Credit Score after u are kicked out from here ? So why not take risk now and play the game.
    why do you say that renting does not make any sense ?? credit score would matter if a person gets a better oppurtunity and decides to come back - screwing up yr credit is like burning a bridge. In my humble opinion real estate won't bounce back - it may limp back in majority of the areas. ofcourse housing is local ..





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  • abcdgc
    12-27 01:22 AM
    Also, people like Hamid Gul and Kaayani have been directly involved in direct aid to terrorists organizations and Taliban in Pakistan & Afganistan. These are the worst of your kind, the difference is, Kaayani has a uniform to show. But a terrorist is a terrorist, with or without a uniform. He and ISI is directly responsible for Bombay attacks. You prove that Kaayani is not responsible. While you collect the evidence of Kaayani's innocence, we are ready to respond to the war you started.



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  • Saralayar
    08-05 11:14 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
    Well said. But in a little rude way.





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...





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  • nogc_noproblem
    08-29 09:03 PM
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    � Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers

    � The average dog is a nicer person than the average person. - Andy Rooney

    � Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud

    � Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler

    � If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain

    � If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret





    Macaca
    05-15 06:05 PM
    Why Worry? It�s Good for You (http://www.nytimes.com/2011/05/15/business/economy/15view.html) By ROBERT H. FRANK | New York Times

    THE late Amos Tversky, a Stanford psychologist and a founding father of behavioral economics, used to say, �My colleagues, they study artificial intelligence; me, I study natural stupidity.�

    In recent decades, behavioral economics has been the economics profession�s runaway growth area. Scholars in this field work largely at the intersection of economics and psychology, and much of their attention has focused on systematic biases in people�s judgments and decisions.

    They point out, for example, that people are particularly inept at predicting how changes in their life circumstances will affect their happiness. Even when the changes are huge � positive or negative � most people adapt much more quickly and completely than they expected.

    Such prediction errors, behavioral economists argue, often lead to faulty decisions. A celebrated example describes an assistant professor at a distinguished university who agonizes for years about whether he will be promoted. Ultimately, his department turns him down. As anticipated, he�s abjectly miserable � but only for a few months. The next year, he�s settled in a new position at a less selective university, and by all available measures is as happy as he�s ever been.

    The ostensible lesson is that if this professor had been acquainted with the relevant evidence, he�d have known that it didn�t make sense to fret about his promotion in the first place � that he would have been happier if he hadn�t. But that�s almost surely the wrong lesson, because failing to fret probably would have made him even less likely to get the promotion. And promotions often matter in ways that have little impact on day-to-day levels of happiness.

    Paradoxically, our prediction errors often lead us to choices that are wisest in hindsight. In such cases, evolutionary biology often provides a clearer guide than cognitive psychology for thinking about why people behave as they do.

    According to Charles Darwin, the motivational structures within the human brain were forged by natural selection over millions of years. In his framework, the brain has evolved not to make us happy, but to motivate actions that help push our DNA into the next round. Much of the time, in fact, the brain accomplishes that by making us unhappy. Anxiety, hunger, fatigue, loneliness, thirst, anger and fear spur action to meet the competitive challenges we face.

    As the late economist Tibor Scitovsky said in �The Joyless Economy,� pleasure is an inherently fleeting emotion, one we experience while escaping from emotionally aversive states. In other words, pleasure is the carrot that provokes us to extricate ourselves from such states, but it almost always fades quickly.

    The human brain was formed by relentless competition in the natural world, so it should be no surprise that we adapt quickly to changes in circumstances. Much of life, after all, is graded on the curve. Someone who remained permanently elated about her first promotion, for example, might find it hard to muster the drive to compete for her next one.

    Emotional pain is fleeting, too. Behavioral economists often note that while people who become physically paralyzed experience the expected emotional devastation immediately after their accidents, they generally bounce back surprisingly quickly. Within six months, many have a daily mix of moods similar to their pre-accident experience.

    This finding is often interpreted to mean that becoming physically disabled isn�t as bad as most people imagine it to be. The evidence, however, strongly argues otherwise. Many paraplegics, for instance, say they�d submit to a mobility-restoring operation even if its mortality risk were 50 percent.

    The point is that when misfortune befalls us, it�s not helpful to mope around endlessly. It�s far better, of course, to adapt as quickly as possible and to make the best of the new circumstances. And that�s roughly what a brain forged by the ruthless pressures of natural selection urges us to do.

    All of this brings us back to our decisions about how hard we should work � choices that have important implications for the lives we are able to lead.

    Most people would love to have a job with interesting, capable colleagues, a high level of autonomy and ample opportunities for creative expression. But only a limited number of such jobs are available � and it�s our fretting that can motivate us to get them.

    Within limits, worry about success causes students to study harder to gain admission to better universities. It makes assistant professors work harder to earn tenure. It leads film makers to strive harder to create the perfect scene, and songwriters to dig deeper for the most pleasing melody. In every domain, people who work harder are more likely to succeed professionally, more likely to make a difference.

    THE anxiety we feel about whether we�ll succeed is evolution�s way of motivating us. And the evidence is clear that most of us don�t look back on our efforts with regret, even if our daily mix of emotions ultimately doesn�t change.

    But evolutionary theory also counsels humility about personal good fortune. As Darwin saw clearly, individual and collective interests don�t always coincide. A good job is an inherently relative concept, and while the person who lands one benefits enormously, her lucky break means that some other equally deserving person didn�t get that job.

    When people work harder, income grows. But much of the spending that comes from extra income just raises the bar that defines adequate. So, from society�s perspective, some of the anxiety over who gets what jobs may be excessive after all. But that�s very different from saying that people shouldn�t worry about succeeding.

    Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University


    Your So-Called Education (http://www.nytimes.com/2011/05/15/opinion/15arum.html) By RICHARD ARUM and JOSIPA ROKSA | New York Times
    Major Delusions (http://www.nytimes.com/2011/05/15/opinion/15Sharot.html) By TALI SHAROT | New York Times
    Personal finance tips for graduates (http://www.washingtonpost.com/business/personal-finance-tips-for-graduates/2011/05/08/AFYfQf3G_story.html) By Michelle Singletary | The Washington Post
    Outlook's Third Annual Spring Cleaning List (http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/) The Washington Post
    Five myths about internships (http://www.washingtonpost.com/opinions/five-myths-about-interns/2011/05/09/AFbWmT2G_story.html) By Ross Perlin | The Washington Post
    When Fear Stifles Initiative (http://www.nytimes.com/2011/05/15/jobs/15pre.html) By ROBERT W. GOLDFARB | New York Times





    nojoke
    09-29 09:06 PM
    its ok, you misunderstood my point. I dont want to divert OP of this thread.

    Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.

    My point is if McCain is elected, there is no chance for GC debates. The economy will become so bad that there won't be any support from any law makers. Nobody will touch the immigration bill.



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