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  • lotsofspace
    12-14 03:44 PM
    The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)





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  • jkays94
    05-11 09:57 AM
    E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
    Lot of couples are there who are both on H1-B visa here, their GC plight is also same

    The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.

    Edit: Note that it now takes 4 years to become an Australian Citizen per ZCool below. Thanks nozerd and ZCool.





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  • waitingmygc
    01-13 10:56 PM
    Is this Memorandom final?

    If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:

    1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
    2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).





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  • ganguteli
    03-27 12:03 PM
    widower zardari will be marrying kumari mayawati just after election to unite subcontinent and bring peace to world.

    :d



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  • jkays94
    07-11 10:00 PM
    One of my friend was so frustated with this situtation , that he even explored IT jobs in gulf countries.He was telling me IBM has big presence there & with US experience , you can get manaegerial position with almost double salary.Also its nearer from India.


    Not to mention that if the offer is good and depending on the country, it is not uncommon to get a tax free salary, housing, 2 round trip tickets to one's home country for the individual and their family, in essence your major cost will likely just be food!





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  • rb_248
    10-04 10:01 AM
    1. You need to submit original transcripts and notarised copies of degree certs

    2. I requseted my current employer to give it. I quoted that I need them for applying to university

    3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.

    I just got my PR approved and I got my passports back with visas.

    STAmisha,
    How long did it take for you? and where did you file your application?



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  • ChainReaction
    10-19 11:37 AM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.


    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).





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  • chanduv23
    02-13 10:11 AM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Well - Thats what I have noticed, but people go nowhere nor do they do anything for themselves. More than interest, I think people do not want to get into these things, no one wants to take unwanted risks - as thats how people percieve it. A lot of people feel IVs protocols are tough - I don't think askig people to send letters is tough.

    Talking about organization's successes - IV is not a software company attracting people to buy shares or seek advantage - for the nth time - this is not a software or IT project or a wall street financial. WSe must come out of that mind sets.

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    We are having issues - green card delays - lets think of it as an ailment that needs to be cured. Now lets do something about it. Lets go to a doctor - a doctor does not guarantee that they will cure u but gives you advice, treats you and gives you medicine and asks you to follow certain protocols. That is exactly what IV is.

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried.

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united?

    What is success? How can we achieve success? Why are we finding excuses for not doing our part? Why do we always want to praise others but not do something?



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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...





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  • rkg000
    09-04 10:35 AM
    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.

    This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?



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  • ghouse1742
    03-31 11:18 AM
    Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.

    Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.

    No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.





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  • qualified_trash
    10-23 03:23 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks
    a company that has had the LC approved can reuse it for someone else. that is all!!



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  • Lasantha
    02-15 01:41 PM
    You are welcome Dyana. Also if you search this forum, you might be able to find lots of threads on filing 485, doing medicals etc from last June/July/August. These topics were beaten to death on this forum last year when a whole bunch of us filed 485. Good luck!

    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...





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  • bubba
    06-12 01:15 AM
    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.



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  • PlainSpeak
    01-14 05:20 PM
    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
    But I wouldn't hold my breath for that day...

    To VBKris77

    Now THATS what i call a solid arguing point and THATS what i call a discussion
    VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too

    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
    altering INA will also have recapture attached to it..
    My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there

    My question are -
    Would DV visa to Employment based in any form be considered as an immigration bill
    - What is altering INA
    - So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.

    Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.

    My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.

    I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years

    For a campaign
    1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.

    I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.

    If and when this bill goes for voting on the floor, I think your valid point about giving these
    immigrant visas to the oldest applicants first until current backlog is eliminated can be
    considered as a viable amendment/feedback to lawmakers..

    Ok now i am lost. What is the objective of the campaign
    1. Add the provisions to the bill
    OR
    2. Make sure that the bill passes

    Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
    course continue as is because some things need to be discussed.

    But I wouldn't hold my breath for that day...
    Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
    It was nice discussing the above with you.





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  • ramus
    07-03 10:25 PM
    Mecaca,

    Are you getting input on your template? Just want to make sure everybody is helping you...

    Thanks a lot for your leadership..



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  • senthil1
    06-12 01:09 AM
    You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
    If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.


    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers





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  • abhijitp
    07-04 11:48 AM
    I tried xls, and txt. it wont upload.i have total 655 contacts. The file size is small but still it wont upload on the iV site.

    Maybe you should do that too.





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  • EndlessWait
    10-07 06:36 PM
    lets get the message to congress!





    ChainReaction
    10-19 11:37 AM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.


    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).





    unitednations
    02-18 11:51 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.


    I like it.



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