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  • Macaca
    05-09 05:48 PM
    Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial

    If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.

    In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."

    That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?

    Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.

    Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.

    Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.

    Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?

    States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.




    Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
    U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
    Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
    Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
    Another project in trouble
    First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
    The Economist
    Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
    As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
    Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times





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  • nojoke
    04-06 04:24 PM
    The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.



    No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.





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  • validIV
    06-05 02:01 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.





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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .



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  • xyzgc
    02-12 10:31 PM
    its all forgotten now, just wait for a bright tomorrow.:D





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  • mrajatish
    04-09 11:13 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....



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  • ThinkTwice
    09-26 02:32 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.


    Good Companies provide private insurace. Both we and my wife have offers from companies in London and have Private Insurance in our Benefits package.





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  • srkamath
    07-13 05:59 PM
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initatives - call campaigns for House bils...
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 years.....it is not that it is current

    EB1 EB2 EB3 are "preference" categories established by a law. This letter seems to be demanding that the DOS ignore the "preference" - Sorry it won't work.

    Elsewhere in this forum someone has another letter campaign directed at visa re-capture legislation. That might have some influence.



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  • brshankar
    08-05 10:27 PM
    Rolling Flood,

    There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.

    The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.

    Please dont make this a big deal. Nothing is perfect, we can find fault in everything.

    To my fellow IV members,

    Lets not fight. We need each other to win this battle. Lets win it together.

    Thanks





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  • leoindiano
    03-23 11:03 AM
    looks like your case have been picked up for random check.......Do you have US masters degree?



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  • Macaca
    07-28 07:43 AM
    Democratic Leaders Agree on Overhaul of Lobbying (http://www.nytimes.com/2007/07/28/washington/28lobby.html?hp) By CARL HULSE New York Times, July 28, 2007

    WASHINGTON, July 27 � Congressional Democrats reached tentative agreement Friday night on a major overhaul of lobbying rules that would for the first time require lawmakers to identify lobbyists who assemble multiple donations and turn them over to candidates.

    The disclosure of what is known in political circles as bundling would be a central element of the first major changes made in lobbying rules in the aftermath of the Jack Abramoff scandal and other Congressional corruption cases tied to lobbying.

    Democrats, who intend to push the changes through Congress next week, say the bundling disclosure requirement and a number of other changes would shed new light on the relationship between lawmakers and those who seek to sway them on legislation.

    �This rewrites the rules as it relates to lobbyists and their influence on Washington,� said Representative Rahm Emanuel of Illinois, chairman of the Democratic Caucus and an advocate for the changes.

    Democrats, who campaigned against what they called a �culture of corruption� in taking control of the House and Senate last year, are eager to finish the package next week as part of their drive to counter Republican accusations that Democrats are making little legislative headway.

    Negotiators for the House and Senate Democratic leadership engaged in talks throughout the day Friday in an effort to reach final agreement on the long-delayed bill. They hit a last-minute snag over the level of bundled donations that would set off disclosure by the House and Senate campaign committees.

    But officials familiar with the talks said that point appeared to be resolved in an evening phone call between Speaker Nancy Pelosi and Senator Harry Reid of Nevada, the majority leader, putting a deal in place.

    �We have reached an agreement,� said Representative Chris Van Hollen of Maryland, chairman of the Democratic Congressional Campaign Committee.

    There are other potential obstacles. The details had yet to be presented to the Democratic rank and file in the House and Senate. But officials said they were confident the tentative agreement would hold, and a spokesman for Ms. Pelosi said he expected the legislation to reach the House floor as early as Tuesday.

    �We are committed to lobbying reform and we are committed to operating Congress in an open and transparent manner, and we will live up to our commitment,� said Brendan Daly of the speaker�s office.

    Because of objections by one Republican senator, the House and Senate were not engaged in formal, bipartisan negotiations, and Republican leaders said Friday they were unaware of the details of the emerging agreement and could make no judgment. But Senator Mitch McConnell of Kentucky, the Republican leader, said repeatedly this week that Republicans were leaning toward support of the measure.

    The tentative proposal puts new requirements on lobbyists as well as on lawmakers, and orders disclosure of contributions that have become alternative ways to curry favor with politicians by giving to entities like favored charities, special awards and honors and presidential library funds. Lobbyists would also have to disclose at least twice a year if they paid for meetings or retreats.

    The measure would set a one-year ban on lobbying for former House members and senior staff members, and two years in the Senate. New restrictions would be put on lobbying by spouses, and lobbyists would be required to disclose any previous experience in the executive or legislative branches.

    Politicians would be banned from trying to pressure firms and associations to hire certain lobbyists based on partisan background � the so-called Republican K-Street project. Lawmakers and top aides would have to recuse themselves from issues where there could be a conflict because of negotiations for future employment, and such negotiations would have to be disclosed within three business days. New public databases would be established of lobbyists� disclosures as well as of lawmaker travel and personal financial data. Penalties for violations would be increased.

    Watchdog groups that have pressed for the changes were awaiting the details. �I am very hopeful about this legislation, but the final statutory language still has to be seen,� said Fred Wertheimer, president of Democracy 21.

    Bundling became a focus after critics complained it was a back-door way for some lobbyists to ingratiate themselves with Congressional candidates by collecting a series of legal donations from others and then getting credit for delivering the cumulative amount and saving the politician the effort.

    Under the tentative proposal, Congressional contenders and the respective campaign committees would be required to notify the Federal Election Commission once one individual had delivered more than $15,000 in contributions within six months or $30,000 in one year.

    The plan initially approved by the House had put the responsibility for disclosing the bundling on the lobbyist. But in the talks, Senate Democrats proposed shifting the onus to the recipient and making the Federal Election Commission, which handles campaign fund-raising reports, the repository of the record.

    But Mr. Van Hollen said House negotiators decided to consent to the change since the basic information being disclosed remained the same.

    Mr. Van Hollen said he believed that the new requirements, if they became law, could represent a fundamental change in the interaction between lobbyists and lawmakers. �We heard the message voters sent last November and we are following through,� he said.





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  • gc28262
    12-19 10:31 PM
    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

    Sanju,

    Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.

    So I agree with sriramkalyan, threads such as these should be closed.



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  • desi3933
    08-05 09:14 AM
    ....
    ....

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    .....
    .....
    Thanks.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **





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  • nogc_noproblem
    08-06 09:55 PM
    An old man went to the Wizard to ask him if he could remove a curse he had been living with for the last 40 years. The Wizard said, "Maybe, but you will have to tell me the exact words that were used to put the curse on you." The old man says without hesitation, "I now pronounce you man and wife."



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  • hopefulgc
    08-06 11:13 PM
    Abe.. lets call it "manhole".

    coz these days the environment is no better than that :D:D:D

    Mohol --> :D





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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.



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  • thakurrajiv
    04-06 09:17 AM
    jung.lee,

    I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
    Fide_champ, very good arguments if you are not the one who is loosing ....
    You will be winner if you come through. 2 problems though :
    1. How do you know you will come through ?
    2. Even if you do come through, dont you think you will make more if believe the economy is going further south !!
    I will mention one of my favorite quotes :
    " If my neighbor loses job it is recession but if I do its depression".





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  • axp817
    03-25 01:59 PM
    If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.

    No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.

    And I know you were just joking, tee hee.





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  • rheoretro
    11-12 04:59 AM
    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.

    FYI English_August, I'm sure you know this but there's a not so fine distinction between illegal immigration and Latino immigration. While the overwhelming majority of illegal immigrants today are likely from Mexico, let me ask this question of you and other people on this forum. How many estimated (govt. estimates) illegal immigrants are in the US today from India? China? Philippines? Any ideas? The numbers will blow your mind. Guaranteed.

    Like it or not, legal immigration reform could well come packaged with comprehensive immigration reform (CIR) next year, which will primarily deal with illegal immigration.

    As for Dobbs the right-wing nutjob, I am sure that people have noticed that he has stopped talking about immigration since election day. Why do people care about him? His misinformation campaign fell flat on its face anyway.





    Marphad
    12-23 10:17 AM
    http://timesofindia.indiatimes.com/India/Antulays_U-turn_on_Karkare_killing/articleshow/3878674.cms

    This is the quality of ministers we have. I started this thread with his bullshit statement.

    May its time to close now :)





    chanduv23
    03-24 02:48 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.

    It is our visibility and vulnerability that puts focus on us.

    Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.

    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.



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