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  • unitednations
    07-17 12:47 PM
    Here is a real example that is going on right now.

    Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.

    He gets an rfe to give I-20 and prove status.

    Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.

    However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.

    Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.

    Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.

    If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.

    Not a good situation all around for him.




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  • sledge_hammer
    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me




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  • Macaca
    03-04 07:13 AM
    Some paras from The Power Player (http://blog.washingtonpost.com/citizen-k-street/chapters/introduction/index.html).

    Cassidy helped invent the new Washington, which had made him seriously rich. His personal fortune exceeded $125 million. He and his original partner, whom he forced out of the firm 20 years earlier, devised a new kind of business, subsequently mimicked by many others. Their innovation was the first modern "earmarked appropriations" -- federal funds directed by Congress to private institutions when no federal agency had proposed spending the money. Over the subsequent three decades, the government dispensed billions of dollars in "earmarks," and lobbying for such appropriations became a booming Washington industry.

    Cassidy may be the richest Washington lobbyist, but he is far from the best-known. Since a scandal erupted that bears his name, that title belongs to Jack Abramoff, the confessed felon, bribe-payer and tax evader who is now an inmate in the federal prison camp in Cumberland, Md. He is still cooperating in a widening federal probe of corruption on Capitol Hill.

    Cassidy's is a subtler epic that probably reveals more about the culture of Washington, D.C. It, too, involves favors, gifts and contributions, but they are supplemented by the disciplined application of intellect, hard work, salesmanship and connections. In Cassidy's story, all these can influence the decisions of government to the benefit of private parties -- Cassidy's clients.

    On a personal level, Cassidy's saga is a variation on the classic American myth: A determined man from nowhere accumulates great wealth and rises to the top. At different moments it evokes Charles Foster Kane, Jay Gatsby or a character from a Horatio Alger tale. Like them, Cassidy is a self-made man who fulfilled many of his most ambitious dreams. But material success has not pacified all of his personal demons. He is tough, temperamental, driven and, according to many around him, rather lonely.

    Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.

    Cassidy's career has spanned an astounding boom in the lobbying business. When Cassidy became a lobbyist in 1975, the total revenue of Washington lobbyists was less than $100 million a year. In 2006 the fees paid to registered lobbyists surpassed $2.5 billion; the Cassidy firm's 51 lobbyists earned about $29 million. In 1975 the rare hiring of a former member of Congress as a lobbyist made eyebrows rise. Today 200 former members of the House and Senate are registered lobbyists. Two of them, tall, gregarious men named Marty Russo and Jack Quinn, work for Cassidy, and at the 30th birthday party they worked the crowd with relish.




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  • Macaca
    10-02 11:02 AM
    As China Opens, U.S. Lobbyists Get Ready to Move In (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/01/AR2007100101672.html?hpid=sec-business) By Ariana Eunjung Cha | Washington Post Foreign Service, October 2, 2007

    BEIJING -- It's almost 8 a.m., and former U.S. commerce secretary Donald L. Evans and his team are standing in front of the St. Regis Hotel, preparing for their day of meetings with Chinese finance officials.

    Small but meaningful gifts in Tiffany's signature baby-blue boxes? Check. Briefing books with the pronunciation of everyone's names? Check. Black Audi A6s to whisk the group to the meetings? Check.

    Evans was in town representing the Financial Services Forum, which is made up of chief executives of 20 multinational banks. His goal was to convince Chinese regulators that opening their financial sector to more foreign investment would be good for China's economy.

    Armies of lobbyists are descending on the Chinese capital in anticipation of the 17th Communist Party Congress beginning in mid-October. The gathering will choose a new generation of leaders, setting the political agenda for the next five years.

    But the dark-suited Western lobbyists are an odd spectacle given that in China, policy and legislative decisions are still made behind closed doors. Lobbying exists in a gray area; because there are no laws specifically pertaining to it, it isn't even supposed to exist.

    Nevertheless, some of Washington's marquee lobbying firms -- including Jones Day, Hogan & Hartson, DLA Piper and Akin Gump Strauss Hauer & Feld -- have set up offices in China. Officially, they are just investment advisory and communications firms. Chinese companies mostly work through government-affiliated industry associations, although some have also hired Western-style lobbying firms.

    In June, foreign companies successfully lobbied Chinese officials to remove conditions on hiring temporary workers in a new labor law that they said would make it prohibitively expensive to do business in China. Likewise in August, they were able persuade China to remove some language in early drafts of the anti-monopoly law that seemed to discriminate against foreign companies, according to Chinese and foreign academics.

    The Chinese government has said it took input from domestic and foreign interests into account but has not been specific.

    Foreign companies are interested in what happens in China, as its economy is becoming the world's third-largest as well as a capitalist instead of planned one. There's concern that the legal framework for business that China's legislators are writing today could affect the fate of multinational businesses for decades.

    Evans said that the degree to which Chinese officials are interested in hearing foreign perspectives on business issues has increased dramatically. In the past, he said, he would go into government meetings and recite a set of bullet points, and the meeting would end. These days, he said, there's real discussion and debate.

    "They are very proactive in wanting to engage and share with the business community," Evans said.

    Scott Kennedy, director of the Research Center for Chinese Politics and Business at Indiana University and author of "The Business of Lobbying in China," said that as recently as a few years ago foreign companies would grumble that they heard about new policies only after they were announced.

    "That is increasingly no longer the case. Today, even if they don't agree with the final result, they know it's on the horizon," Kennedy said.

    But China's laws have been slow to respond to the influx of lobbyists seeking to take advantage of the closer ties. Zhao Kejin, an associate professor at Shanghai's Fudan University who studies government-business relations and has written a book on lobbying in China, argues that because lobbyists do not need to register or file disclosure forms, the system is vulnerable to abuse.

    "There is lots of lobbying money flowing to individual officials' pockets," Zhao said. In addition to straight-up bribery, some lobbying firms keep friends of high-placed officials on the payroll or pay for officials to take luxury "training" trips abroad.

    In 2004, Lucent Technologies fired four executives who were part of its Chinese operations for violating the U.S. Foreign Corrupt Practices Act, which prohibits bribing foreign government officials and politicians. Last November, a U.S. software maker, Fidelity National Information Services, was accused of paying for luxury vacations for Chinese banking officials and their families in places such as Rome and Las Vegas. Fidelity has denied the charges.

    Lobbying is not only less of an institution in China than it is in the United States, but the people being lobbied are different.

    For instance, Murray King, head of the Shanghai office of APCO Worldwide, one of the oldest government relations firms operating in China, said that Chinese academics are among the key players that companies should reach out to. The most important members of that group are those who work with the think tanks affiliated with various state ministries, because they play an important role in the drafting of legislation.

    Another crucial part of high-profile lobbying efforts are "guanxi brokers," well-connected individuals who can give introductions to important officials, or "rainmakers," people who are so famous that many Chinese officials might be happy to meet and shake hands.

    "Because China is a country that respects authority, former politicians of the United States, when they come to China, can always play a very important role," said Steven Dong, a Tsinghua University public relations professor who studies the reputations of corporations.

    A former U.S. official will almost always be greeted by a Chinese official of the same rank, Dong said.

    Former officials with star power in China include Henry Kissinger, probably the most sought-after because of the role he played in establishing diplomatic relations with the Communist Party during the Nixon administration. Former Federal Communications Commission chairman Reed Hundt, who routinely visits China on behalf of Silicon Valley companies to talk about opening up China's Internet and telecommunications sector, is also a regular in the halls of Chinese ministries. Gary Locke, a former governor of Washington whose consulting firm represents Microsoft and Starbucks, is celebrated for being the first Chinese American governor and is so well known that school girls run up to him to take his picture.

    Evans, who was commerce secretary from 2001 to 2004, has been working for the Financial Services Forum since 2005. This was his second trip to China on behalf of the group.

    Evans was received by the Chinese government this month with all the pomp and circumstance of a state visit.

    His schedule, which included all key financial ministries and regulators, was almost identical to that of Treasury Secretary Henry M. Paulson Jr. during his visit in July. Evans even had a private diner with Vice Premier Wu Yi.

    There was lobbying on both sides.

    Jiang Jianqing, chairman of the state-owned Industrial and Commercial Bank of China, a rank similar to that of minister, pummeled Evans with questions about the subprime lending crisis and trade protectionism in Congress. ICBC has recently been ranked the second- or third-largest bank in the world by market capitalization.

    Evans said the Chinese must make sure that U.S. legislators understand they are open to foreign investment. He said it's important for the Chinese to make sure the U.S. government understands "your view as an important trader, to make sure they understand your commitment to moving your economy toward an ultimate market economy."

    The total foreign ownership in a Chinese bank cannot exceed 25 percent. But even as Evans began to lay out his case for why China should raise or do away with foreign ownership caps for banking, securities and insurance firms, Jiang took the opportunity to point out his frustration that his bank's application to open a single branch in the United States has not been approved, while U.S. banks, including some that Evans represents, already have significant operations in China.

    Evans said he'd be happy to look into the holdup.

    Near the end of the one-hour meeting, the two turned to a less-tense topic: the development of China's countryside. Evans talked about his visits to western China, where he met two blind brothers with whom he has kept in touch, and how much their lives had changed over the years. Jiang said he, too, was concerned about bridging the gap between the rich and the poor in China.

    The two men smiled and shook hands. That was considered progress.



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  • srikondoji
    09-26 02:48 PM
    I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.

    After spending 10 years in United States, i have started working on my plans to move back to India.
    Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
    Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
    Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
    Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
    --sri




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  • tanu_75
    07-28 03:09 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.



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  • Madhuri
    09-30 01:40 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.




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  • rameshvaid
    07-14 05:23 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



    I mailed letter today..

    RV



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  • Refugee_New
    01-06 03:56 PM
    When (so called) indian leaders will learn from Isreali counterparts ??

    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.




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  • desi3933
    08-06 02:00 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Just gave you a green.

    Have a good day!



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  • jhegde
    08-02 03:47 PM
    .




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  • obviously
    08-05 08:16 PM
    "Originally Posted by lfwf
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly."

    More hollow rhetoric from lfwf... someone that fails to see coherent logic and arguments made out in posts and instead claims that there is none :). Maybe, Inglis is the prablem, eh? LOL.

    Obviously, lfwf's 'respect' is worth a lot ;)

    I've gotten my days worth of laughs reading these protectionist jokers' weak arguments and empty threats of lawsuits.

    LOL!



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  • unitednations
    03-26 02:32 AM
    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf

    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.




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  • zshakyaz
    03-25 11:43 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer

    Immig : Where do you work and who is your client
    Me: Blah Blah

    Immig: When did you first came to US. Where is Port of entry..
    Me: blah blah

    Immig: Do you have all of your IT contracts details.
    Me: COntracts? Since they are property of my employer..I dont have.

    Immig: We need to see your contracts with the clients..
    Me: hmm...I can try but I dont know if I can get them

    Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
    Me: OK..I will try..

    Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
    Me: Ok..blah..blah email

    Immig: I need All phone numbers and all supervisors of all clients you worked with in US
    Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company

    Immig: Ok..done..I will send email..
    Me: thank you


    I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
    Nevertheles..does anyone know what this is all about?
    Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.

    Just curious :confused::confused:

    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.



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  • bkarnik
    08-06 06:23 PM
    Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.

    Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.

    "What happened to you," asked Hillary?

    "Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."

    "My God, what did you tell them?" asked Hillary.

    The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."




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  • nojoke
    01-04 05:06 AM
    OK.
    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.

    Let me try. I still have one day more before I start working again.
    We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
    We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.



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  • gapala
    06-23 10:28 PM
    Lot of folks talk about tax credit of 8000 in several threads, But, understand that a lot of us in this forum may not even get a dime in credit. There are income limits. Married and income above 170000 will get nothing.. nada. If the income is 165000, you will receive a mere 2000 and so on. Married with less than 150000 will receive 8000. For a single, the limit is 75K.

    If both husband and wife works in tech sector.. income will easily cross the limits and you will be considered too rich to buy a home and get credit... May be car credit might work for us as limits are higher... it only applies to sales tax charged on the first $49,500 of your purchase The income limit is high enough that nearly everyone will qualify. The credit starts to phase out at $125,000 for individuals and $250,000 for couples. Once you reach $135,000 and $260,000, respectively, you no longer qualify for car credit.




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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.




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  • ocpmachine
    06-23 05:20 PM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.




    pappu
    01-29 09:45 PM
    Yup. Many want to shut the golden door of opportunity behind them after they enter! Few like to help others by pulling them out of the mess they were once in!

    There are several immigration related websites and many of them are run by people who themselves went through difficult retrogression. Now these websites are making lot of money due to the traffic on their sites. None has helped IV with anything. Not even allowing us to post a banner ad on their site!
    If any such person is reading this note or knows someone who runs a website, do contact me if you wish to help this cause.




    english_august
    11-11 10:50 PM
    http://www.bluelatinos.org/firelou?from=0

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.



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