amsgc
08-20 11:55 PM
You got it absolutely right.
The only way out is legislation. Even this eb2 trend of approvals will end come october.
With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
The only way out is legislation. Even this eb2 trend of approvals will end come october.
With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
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485Mbe4001
08-22 02:56 PM
clarification from Ron Gotchers site about Sept Visa bulletin:- no progress for EB3 I/C..write letters...call, do whatever you can to highlight the issue
http://www.immigration-information.com/forums/showthread.php?t=5984&page=3
My interpretation was wrong
--------------------------------------------------------------------------------
This is what I got back in response to my inquiry:
Quote:
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
My earlier understanding was clearly wrong. He was referring to worldwide third preference. This clarification also expresses concern that China E3 has very large demand. This, in turn, means that China E3 is not likely to move forward very quickly due to heavy demand.
__________________
http://www.immigration-information.com/forums/showthread.php?t=5984&page=3
My interpretation was wrong
--------------------------------------------------------------------------------
This is what I got back in response to my inquiry:
Quote:
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
My earlier understanding was clearly wrong. He was referring to worldwide third preference. This clarification also expresses concern that China E3 has very large demand. This, in turn, means that China E3 is not likely to move forward very quickly due to heavy demand.
__________________
sunty
09-23 05:22 PM
Seeing this data and if USCIS and DOS follow quarterly spillover (as some mentioned that this is the law), then things look a lot better. But again, who knows...
Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.
Quarterly spillover is very important for us and we should make sure that if that is what the law intends, then USCIS/DOS follow that.
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hearthorbeguy
01-16 10:23 PM
Can some one please clarify what this case number is. Do we get the case number when we apply for visa, or this is just the approval notice number.
I am going for my interview on 23rd January to Mumbai. I was just trying to find out whether I can call KCC before leaving US to find out if my approval notice is in the PIMS system or not.
Did you call KCC to check if your approval is in PIMS system?
I am going for my interview on 23rd January to Mumbai. I was just trying to find out whether I can call KCC before leaving US to find out if my approval notice is in the PIMS system or not.
Did you call KCC to check if your approval is in PIMS system?
more...
serg
07-09 09:24 PM
All right, looks like we got (or will get) some attention from media. DOS and USCIS got (or will) it too. That's good. They will forward flowers to hospital, and this is good too (hate to waste flowers)! Bad, if they will not strip messages from buckets, veterans do not need them at all, BUT if they decided to take messages off ... just picture that USCIS will stuck on forwarding flowers instead of doing their job. Who will win?
All right, what next? If BloodDrive will not work, I suggest we have to offer BRAINDRIVE :) Any leaders? :)
All right, what next? If BloodDrive will not work, I suggest we have to offer BRAINDRIVE :) Any leaders? :)
wizkid732
08-16 12:50 PM
looks like we will be all alone :-)
Saw a picture of the flood victims in Pakistan seeking food, sure you understand :-)
I will wait this week and plead with ombudsman. Are you thinking of anything else for now?
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
Saw a picture of the flood victims in Pakistan seeking food, sure you understand :-)
I will wait this week and plead with ombudsman. Are you thinking of anything else for now?
Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.
more...
alterego
06-15 02:32 PM
Hi,
My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead
NO They have to be in the US for AOS filing.
My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead
NO They have to be in the US for AOS filing.
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desi485
11-17 04:17 PM
There are a lot of interpretations. Popular Attorneys like Rajiv Khanna and Sheela Murthy claim it is not valid and always advise clients to have a h1b backup. Not sure why they are so keen on h1b. It could be because some adjudicators may send EAD revocations also along with 485 denials.
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
Chandu, they may have other good reasons to do so, but one advantage for attorneys is an added fees out of filling for H1B; and for employers is less employee turnover due to the fact that even if employee is willing to change jobs. It is not so easy to find next job with H1 sponsorship than to be able to find one on EAD :)
more...
katrina
05-10 02:49 PM
My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
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newuser
09-09 04:41 PM
Just finished calling 10 congressman's office. Will continue until the list is finished.
more...
bluekayal
01-11 12:34 PM
Look at sections 312, 313 and 311 (H1b cap). Looks like cap will be removed for science, tech, math etc...and maybe for families as well, + cap is going up. So overall very very good news...or am I seeing things?
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apnair2002
01-24 07:56 PM
This is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.
--MC
01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules
AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful: www.immigrationvoice.org, www.isnamerica.org, www.immigrationportal.com.
We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned
--MC
01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules
AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful: www.immigrationvoice.org, www.isnamerica.org, www.immigrationportal.com.
We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned
more...
house Rick ROSSOVICH (Matt
diptam
09-26 04:37 PM
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
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justin150377
07-09 06:47 PM
DONT DO THAT.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
It's too late flowers have shipped. They will have to be delivered somewhere, it'll just force the fedex/dhl not to accept a forward from USCIS.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
It's too late flowers have shipped. They will have to be delivered somewhere, it'll just force the fedex/dhl not to accept a forward from USCIS.
more...
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SunnySurya
08-07 12:59 PM
I will forward this to my lawyer..
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
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shsharma_2000
02-06 11:40 AM
I went for H1B extn (approved Nov 2007) stamping on 15th Jan at New Delhi consulate. The person checking the papers at the outside window wrote - PIMS found on my appl form.
I checked with the VO after the interview if I will experience any PIMS delay. He replied he would not have been able to process my application without PIMS entry being found and everything is good.
Got the passport back on 18th.
I checked with the VO after the interview if I will experience any PIMS delay. He replied he would not have been able to process my application without PIMS entry being found and everything is good.
Got the passport back on 18th.
more...
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rocky123
09-10 10:22 AM
PD May 5, 2006. Got the card/document production ordered email yesterday.
Looks like the election year is working wonders for everyone.
Looks like the election year is working wonders for everyone.
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shantak
07-10 10:08 PM
This is different from reuters
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
A Gift From Gandhi
Frustrated Green Card Applicants From India Use Methods Of Master
By Xiyun Yang
Washington Post Staff Writer
Wednesday, July 11, 2007; Page D01
Shyam Bindingnavale had spent years of anguish in pursuit of permanent residency, so when the government offered him an opportunity to apply for it and then abruptly snatched it away, he was furious and deeply disappointed.
Bindingnavale, 36, a Gaithersburg resident and financial analyst working here on an H1B visa for skilled technical workers, struck back the most effective way he could imagine: He sent flowers to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services. So did about 200 other green card applicants, most of them professionals, natives of India and working legally in this country.
Buy This Photo
About 200 skilled immigrants sent flowers to the U.S. Citizenship and Immigration Services. (By Xiyun Yang -- The Washington Post)
They did it because that's what Gandhi would have done.
Yesterday, their bouquets of purple roses, pink lilies and yellow daisies, which cost about $40 each and which were sent from all over the country, piled up on the immigration office's loading dock at 20 Massachusetts Ave. NW, addressed to Gonzalez and stacked in columns taller than people.
The agency forwarded them to soldiers recovering at Walter Reed Army Medical Center.
"We know the reason behind it and understand the symbolism. We donated them in the same spirit in which they were provided to us," said an agency official who spoke on condition of anonymity because of a lawsuit over the matter filed by an advocacy group.
The idea for the protest began with the Indian immigration community on the online forum Immigration Voice, a site devoted to issues facing skilled, legal workers seeking permanent residence in the United States. Their method was inspired by Mohandas K. Gandhi, who spent years campaigning nonviolently for India's independence from Britain.
Green card applicants were given hope on June 12, when the State Department posted a bulletin offering H1B visa holders who had been stuck in a bureaucratic logjam an opportunity to take that last step needed to apply for permanent residency.
Thousands of engineers, doctors and other educated foreigners began a mad scramble to file their applications before the July 2 deadline.
Vacations were canceled, and lawyers were called in. Elderly parents in far flung corners of the world stood in line for hours to get copies of birth certificates and immunization records.
Then, on the day of the deadline, the State Department retracted the bulletin. The USCIS, which processes the applications, said it had already met its 140,000-person annual quota for employee sponsored applicants.
Those who tried to apply were told they had to wait. Some new applications may be considered again starting Oct. 1, but others may have to wait for years. The wait has become even longer after a surge in green card applications, amplified by a provision in 2001 that allowed undocumented immigrants or immigrants who had overstayed their visas to apply for green cards. The problem was exacerbated by the increased FBI security checks required after the attacks on Sept. 11, 2001.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
A Gift From Gandhi
Frustrated Green Card Applicants From India Use Methods Of Master
By Xiyun Yang
Washington Post Staff Writer
Wednesday, July 11, 2007; Page D01
Shyam Bindingnavale had spent years of anguish in pursuit of permanent residency, so when the government offered him an opportunity to apply for it and then abruptly snatched it away, he was furious and deeply disappointed.
Bindingnavale, 36, a Gaithersburg resident and financial analyst working here on an H1B visa for skilled technical workers, struck back the most effective way he could imagine: He sent flowers to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services. So did about 200 other green card applicants, most of them professionals, natives of India and working legally in this country.
Buy This Photo
About 200 skilled immigrants sent flowers to the U.S. Citizenship and Immigration Services. (By Xiyun Yang -- The Washington Post)
They did it because that's what Gandhi would have done.
Yesterday, their bouquets of purple roses, pink lilies and yellow daisies, which cost about $40 each and which were sent from all over the country, piled up on the immigration office's loading dock at 20 Massachusetts Ave. NW, addressed to Gonzalez and stacked in columns taller than people.
The agency forwarded them to soldiers recovering at Walter Reed Army Medical Center.
"We know the reason behind it and understand the symbolism. We donated them in the same spirit in which they were provided to us," said an agency official who spoke on condition of anonymity because of a lawsuit over the matter filed by an advocacy group.
The idea for the protest began with the Indian immigration community on the online forum Immigration Voice, a site devoted to issues facing skilled, legal workers seeking permanent residence in the United States. Their method was inspired by Mohandas K. Gandhi, who spent years campaigning nonviolently for India's independence from Britain.
Green card applicants were given hope on June 12, when the State Department posted a bulletin offering H1B visa holders who had been stuck in a bureaucratic logjam an opportunity to take that last step needed to apply for permanent residency.
Thousands of engineers, doctors and other educated foreigners began a mad scramble to file their applications before the July 2 deadline.
Vacations were canceled, and lawyers were called in. Elderly parents in far flung corners of the world stood in line for hours to get copies of birth certificates and immunization records.
Then, on the day of the deadline, the State Department retracted the bulletin. The USCIS, which processes the applications, said it had already met its 140,000-person annual quota for employee sponsored applicants.
Those who tried to apply were told they had to wait. Some new applications may be considered again starting Oct. 1, but others may have to wait for years. The wait has become even longer after a surge in green card applications, amplified by a provision in 2001 that allowed undocumented immigrants or immigrants who had overstayed their visas to apply for green cards. The problem was exacerbated by the increased FBI security checks required after the attacks on Sept. 11, 2001.
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baburob2
02-09 05:34 PM
From the article below:
Senate Judiciary committe hearing on immigration will start from March 2nd and will start talking with Sen. Specter's markup which is a good starting point and the full senate hearing will subsequently start as expected on March 27th.
Congress to consider immigration in March
By Ray O'Hanlon
rohanlon@irishecho.com
With regard to the reform issue in Congress, the expectation as of this week was that the Senate Judiciary Committee could take up the various reform bills as early as Thursday, March 2.
The initial discussion in the committee would focus primarily on the proposal drawn up by its chairman, Sen. Arlen Specter of Pennsylvania.
Specter has presented a so-called "chairman's mark" which is comprised of original proposals and some aspects of other bills including the Senate's McCain/Kennedy bill, and the Sensenbrenner/King bill, which has already been passed by the House of Representatives.
The Judiciary Committee hearing is a prelude to full Senate consideration but St. Patrick's Day is likely to delay that for some days after March 17.
This year, for the first time, Congress is taking a week off after the Irish patron saint's day and officially labeling the break as the St. Patrick's Day recess.
That would mean that the earliest likely date for a Senate debate on whatever the judiciary Committee presents it would begin on Monday, March 27.
Given the sharp contrast in the main bills, that debate could some time, weeks if not months to complete.
Meanwhile, Bush noticeably advanced his position on reform in his State of the Union speech to the joint houses of Congress.
"We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he said.
"All these are forms of economic retreat, and they lead in the same direction toward a stagnant and second-rate economy," the president added.
"Keeping America competitive requires an immigration system that upholds our laws, reflects our values and serves the interests of our economy.
"Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally, and reduces smuggling and crime at the border," he added.
However, as with previous statements, Bush did not go into detail as to how he exactly defines amnesty.
How he, and Congress, ultimately defines it will have a profound effect on the lives of tens of thousands of undocumented Irish.
This story appeared in the issue of February 8 - 14, 2006
Senate Judiciary committe hearing on immigration will start from March 2nd and will start talking with Sen. Specter's markup which is a good starting point and the full senate hearing will subsequently start as expected on March 27th.
Congress to consider immigration in March
By Ray O'Hanlon
rohanlon@irishecho.com
With regard to the reform issue in Congress, the expectation as of this week was that the Senate Judiciary Committee could take up the various reform bills as early as Thursday, March 2.
The initial discussion in the committee would focus primarily on the proposal drawn up by its chairman, Sen. Arlen Specter of Pennsylvania.
Specter has presented a so-called "chairman's mark" which is comprised of original proposals and some aspects of other bills including the Senate's McCain/Kennedy bill, and the Sensenbrenner/King bill, which has already been passed by the House of Representatives.
The Judiciary Committee hearing is a prelude to full Senate consideration but St. Patrick's Day is likely to delay that for some days after March 17.
This year, for the first time, Congress is taking a week off after the Irish patron saint's day and officially labeling the break as the St. Patrick's Day recess.
That would mean that the earliest likely date for a Senate debate on whatever the judiciary Committee presents it would begin on Monday, March 27.
Given the sharp contrast in the main bills, that debate could some time, weeks if not months to complete.
Meanwhile, Bush noticeably advanced his position on reform in his State of the Union speech to the joint houses of Congress.
"We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he said.
"All these are forms of economic retreat, and they lead in the same direction toward a stagnant and second-rate economy," the president added.
"Keeping America competitive requires an immigration system that upholds our laws, reflects our values and serves the interests of our economy.
"Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally, and reduces smuggling and crime at the border," he added.
However, as with previous statements, Bush did not go into detail as to how he exactly defines amnesty.
How he, and Congress, ultimately defines it will have a profound effect on the lives of tens of thousands of undocumented Irish.
This story appeared in the issue of February 8 - 14, 2006
skarthy
11-12 03:12 PM
sent 2, running low on envelopes , will send the remaing 2 soon.
Great Effort, kudos to the IV leadership team.
Great Effort, kudos to the IV leadership team.
jbr
03-10 05:36 PM
We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.
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