makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
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doshhar
07-04 01:26 PM
Illegal non-immigrants did the rally to local USCIS offices. It would be good if we pick one day in 2nd week of July and have a rally to local USCIS offices. This will immediately catch the media attention.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
Rally news should be spread out to media so we can get enough coverage?
Let's discuss if you guys like this idea.
NIW
11-22 12:46 AM
I was shocked to read your post and tears rolled on my cheeks. But I admire your determination to achieve your goal. Oh my God! You are a different kind of guy, Please don't lose your hope. I really don't know what kind of cancer and what stage are you at but I believe miralcles do happen. We all will pray for you. We wish you the best. I really want to say so many things but I don't know how.
All I say is God bless you my friend, Keep fighting and never give up.
An unknown friend
All I say is God bless you my friend, Keep fighting and never give up.
An unknown friend
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dingudi
02-05 11:38 AM
No FP yet for me too.July 2 filer. Application at TSC.
more...
rc0878
09-21 08:52 AM
For all those who have already received their receipt notices, do we have the priority date mentioned on the notice???
Just curious.
Thanks in advance.....
Just curious.
Thanks in advance.....
pappu
12-11 10:41 AM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
more...
ganguteli
03-06 04:22 PM
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
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morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
more...
bkarnik
05-03 01:07 PM
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
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asdfred
08-04 01:24 PM
applied 19th june
TSC
paper based
LUD on 21st june
card production ordered aug 1st
TSC
paper based
LUD on 21st june
card production ordered aug 1st
more...
santb1975
12-15 10:45 PM
Workout - Research indicates workout beats the blues
Become really active with IV and get the sense of accomplishment. Somethings I do with So. Cal IV releases lots of endorphins and puts me on a natural high. It's true :D
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Become really active with IV and get the sense of accomplishment. Somethings I do with So. Cal IV releases lots of endorphins and puts me on a natural high. It's true :D
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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chi_shark
07-10 10:32 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
more...
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sanhari
07-19 02:23 PM
I agree with you vin13, remove country quota or by number of years we are legally here in US.
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
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sanjay
02-09 11:38 AM
Original Transaction
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
GO IV GO. TOGETHER WE CAN.
How did you contribute $20? Least amount in contribute section is $50. Let me know link for $20 and I will do it right away.
Date Type Status Details Amount
Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
GO IV GO. TOGETHER WE CAN.
How did you contribute $20? Least amount in contribute section is $50. Let me know link for $20 and I will do it right away.
more...
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lfadgyas
09-10 12:19 AM
Folks it has been long time I last wrote here � but this visa bulletin made me mad (sorry)
So I went and downloaded all the FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx) data from 2000 till 2008. It looks like they recorded all the pre �perm cases as well. After this I exported all the stuff into mysql table and made some calculation on the labor certification data. Unfortunately cannot separate (e1,e2,e3 etc � some may want to try by country but �)
Again this is PERM � labor certification!!1 - but has to do with GC I guess...
Time frame 1999 Oct -2008 Oct:
Sum of cases: 720486, like '%CERT%' = 554635 (certified), like '%Deni%'= 60043 (denials), (Non duplicate case numbers were = 715191 (i.e. 5295 duplicates only from the 720486) )
There were ~100000 cases with some other �state� descriptions like Withdrawn = 13955, Received Regional Office = 69556 etc;
Anyway, by grouped years it comes to (sum � certified + denials +etc):
last action date with "null" entry ?? 34113
between '1999-10-01' and '2000-10-01' 74048
between '2000-10-01' and '2001-10-01' 82629
between '2001-10-01' and '2002-10-01' 89524
between '2002-10-01' and '2003-10-01' 95552
between '2003-10-01' and '2004-10-01' 98866
between '2004-10-01' and '2005-10-01' 6153
between '2005-10-01' and '2006-10-01' 79939
between '2006-10-01' and '2007-10-01' 98927
between '2007-10-01' and '2008-10-01' 61997
Guess work (nbr of labor certs are 10% less in each group � denials are not removed):
Still wait - % how many of that group still waiting � (some can give a better guess??)
Family x � one applicant will present 2.5 visa nbrs or so�.
Group Labor cert family x still wait 140000<-as of today
between '1999-10-01' and '2000-10-01' 74048 2.5 4% 7404.8 132595.2
between '2000-10-01' and '2001-10-01' 82629 2.5 9% 18591.53 114003.675
between '2001-10-01' and '2002-10-01' 89524 2.5 14% 31333.4 82670.275
between '2002-10-01' and '2003-10-01' 95552 2.5 19% 45387.2 37283.075
between '2003-10-01' and '2004-10-01' 98866 2.5 38% 93922.7 -56639.625
between '2004-10-01' and '2005-10-01' 6153 2.5 45% 6922.125 -63561.75
between '2005-10-01' and '2006-10-01' 79939 2.5 80% 159878 -223439.75
between '2006-10-01' and '2007-10-01' 98927 2.5 90% 222585.8 -446025.5
between '2007-10-01' and '2008-10-01' 61997 2.5 100% 154992.5 -601018
Do your calculation if you want �:eek:
So I went and downloaded all the FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx) data from 2000 till 2008. It looks like they recorded all the pre �perm cases as well. After this I exported all the stuff into mysql table and made some calculation on the labor certification data. Unfortunately cannot separate (e1,e2,e3 etc � some may want to try by country but �)
Again this is PERM � labor certification!!1 - but has to do with GC I guess...
Time frame 1999 Oct -2008 Oct:
Sum of cases: 720486, like '%CERT%' = 554635 (certified), like '%Deni%'= 60043 (denials), (Non duplicate case numbers were = 715191 (i.e. 5295 duplicates only from the 720486) )
There were ~100000 cases with some other �state� descriptions like Withdrawn = 13955, Received Regional Office = 69556 etc;
Anyway, by grouped years it comes to (sum � certified + denials +etc):
last action date with "null" entry ?? 34113
between '1999-10-01' and '2000-10-01' 74048
between '2000-10-01' and '2001-10-01' 82629
between '2001-10-01' and '2002-10-01' 89524
between '2002-10-01' and '2003-10-01' 95552
between '2003-10-01' and '2004-10-01' 98866
between '2004-10-01' and '2005-10-01' 6153
between '2005-10-01' and '2006-10-01' 79939
between '2006-10-01' and '2007-10-01' 98927
between '2007-10-01' and '2008-10-01' 61997
Guess work (nbr of labor certs are 10% less in each group � denials are not removed):
Still wait - % how many of that group still waiting � (some can give a better guess??)
Family x � one applicant will present 2.5 visa nbrs or so�.
Group Labor cert family x still wait 140000<-as of today
between '1999-10-01' and '2000-10-01' 74048 2.5 4% 7404.8 132595.2
between '2000-10-01' and '2001-10-01' 82629 2.5 9% 18591.53 114003.675
between '2001-10-01' and '2002-10-01' 89524 2.5 14% 31333.4 82670.275
between '2002-10-01' and '2003-10-01' 95552 2.5 19% 45387.2 37283.075
between '2003-10-01' and '2004-10-01' 98866 2.5 38% 93922.7 -56639.625
between '2004-10-01' and '2005-10-01' 6153 2.5 45% 6922.125 -63561.75
between '2005-10-01' and '2006-10-01' 79939 2.5 80% 159878 -223439.75
between '2006-10-01' and '2007-10-01' 98927 2.5 90% 222585.8 -446025.5
between '2007-10-01' and '2008-10-01' 61997 2.5 100% 154992.5 -601018
Do your calculation if you want �:eek:
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Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
more...
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csvinay
10-27 12:33 PM
ok. Assuming BILL pass during the lame-duck session... what is timeline for it take effect? I believe the president has to signed it and it take 90 days from that date to be effective? Experts?
Any stratergic ideas, if positive news does not come out during the lame duck session?
Any stratergic ideas, if positive news does not come out during the lame duck session?
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newuser
05-23 12:14 PM
Are you using a webfax or a fax machine?
Thank you, finished emails.
Starting to fax now.
Thank you, finished emails.
Starting to fax now.
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bindoke
08-25 10:59 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
amitjoey
07-11 12:20 PM
Flower campaign has been a tremendous success. Look at how many inquiries we are getting. If you are in the particular city or state, where a reporter is trying to do a story, please come forward and contact these reporters.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
knnmbd
05-03 12:39 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
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