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  • paskal
    07-14 05:37 PM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.




    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....




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  • file485
    07-08 10:01 PM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..

    this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!




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  • unitednations
    03-24 11:45 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.

    Do you guys look around at all of immigration.

    EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.

    Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.

    You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.

    You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.

    Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.




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  • nogc_noproblem
    08-05 01:40 PM
    A little girl asked her mother, 'How did the human race appear?'

    The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

    Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

    The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

    The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'



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  • mrajatish
    04-08 12:21 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj




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  • NeverEndingH1
    12-17 02:39 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!



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  • aadimanav
    07-13 05:17 PM
    Aadimanav, mirage and pani_6, do you guys wanna run with this?

    Or any other volunteers?

    Come up with a draft and then share with rest of us.

    I have drafted a Petition (Version 1).

    http://immigrationvoice.org/forum/showthread.php?p=262309#post262309




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  • gc03
    05-17 10:56 AM
    Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.

    Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)

    Should we thank CNN Writer Lou Dobbs?



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  • i_have_a_dream
    08-09 04:33 PM
    UN, thanks for the time you spend giving us your educated advice.

    I would greatly appreciate a response on my situation.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.




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  • singhsa3
    08-06 09:06 AM
    Personally I think "Obviously" response was derogatory and not funny at all.
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.



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  • SunnySurya
    08-05 02:00 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.




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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    -------------------------------------
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    ---------------------
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    ----------------------------------------------------------
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.



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  • mirage
    08-05 08:05 AM
    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.




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  • pbojja
    07-15 10:25 AM
    Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?

    Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?



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  • nojoke
    04-08 02:54 PM
    Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don’t try to scare people.

    This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.

    Keeping this thread alive has become Mr Pinto’s mission, it doesn’t matter if the person who opened this thread has already made a decision and moved on...
    I am sorry, the housing will fall by 99K every year and not 100K. So you can predict how much the housing will fall and not us. If you can predict that housing will not fall down why shouldn't I. 100K is just a round figure. It can be 60K or 160K per year.
    You asked for which fruit picker. Here is one---And before you accuse me of making up the story here is the link
    http://hollisterfreelance.com/news/contentview.asp?c=213141. Google and you will find more such cases.
    ---------------------------
    "Despite making only $14,000 a year, strawberry picker Alberto Ramirez managed to buy his own slice of the American Dream. But his Hollister home came with a hefty price tag - $720,000.

    A year and a half later, Ramirez has defaulted on his loan, and he's hoping to sell the house before it's repossessed. And according to many housing advocates and civil rights groups, Ramirez is not alone. As mortgage foreclosures rise, many minorities are suffering.

    Brown said the language barrier (Ramirez, a native Spanish speaker, is not fluent in English, and spoke to the Free Lance through a translator) can also play a big role.

    "When you go into Washington Mutual ... you can't always get someone to speak your language," she said.

    "The real estate boom covered a multitude of sins," Simmons said. "Once the market started depreciating, the rug was pulled back to show the rot underneath.""
    -------------------------------




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  • qasleuth
    03-31 07:35 PM
    I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.

    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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  • delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers




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  • Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.




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  • unseenguy
    06-20 05:55 PM
    Real estate is always a local phenomena. So those of you who are following national guidelines are misleading yourselves. Unless you are major investor, who would like to keep his/her real estate portfolio diverse, national level real estate indicator is not of much use.

    I bought a foreclosed house few months ago, but before that did thorough study at personal level. Not only analytically study your market, but also "go to genba". Feel the pulse, find where and what kind of people live in those sub-divisions.

    If you are leaning towards investing, lean with good intent. Avoid risk by thouroughly understanding your financial situation. I went with 30 yr fixed, to be conservative.

    Finally, have guts to make a call, either way. It's the right time, I would say.

    In my local area I see about 50-50 ratio of open homes to sold homes on MLS maps. However the prices are too high, I think. Also due to my income level, I do not qualify for Obama's homeowners rebate and I do not think prices will skyrocket in 2-3 years, so for my personal situation, I have an opportunity to save a LOT for my downpayment while I wait for my GC and be in a position to either buy a bigger home or take reduced mortgage when I decide to go for the kill. It also gives me flexibility to shift the liquid assets to India with relative ease. Dont get me wrong, I can buy a villa in Bangalore almost loan free. In that case, I am wondering if taking a mortgage and being tied to it during uncertainty is a smart move.

    Although there is a tax benefit to the mortgage , one thing we know for sure is that home prices are not about to go up anytime soon. So with low rent payment for next 2-3 years, I should be in a solid position to decide what I want to do.




    chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D




    dartkid31
    05-24 01:58 PM
    That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.

    Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.

    I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.



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