puskeygadha
07-14 04:43 PM
there are about 1000 people who are awaiting response from audit
this also includes non fragemon.
this also includes non fragemon.
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maverick13
04-19 07:18 PM
My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
angelfire76
10-05 01:11 PM
As I've been hearing different versions of this conference call.
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
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rkat
12-13 03:46 PM
Swamy - (with due respect to IV who i totally support in every which way!) but what have u done other than joining a state chapter, contributing $$ to IV and holding signs at the DC rally.?? Is this what ur life has come to now..?? Only to motivate people to join IV..?? How long do u plan on conitnuing to do this.?? Wake up buddy..!! Yes we are stuck in this mess now having filed for AOS and the indefinite future wait for cases to be approved..!! There is no doubt about that.
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
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panks
04-02 12:07 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
pappu
07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
more...
viswanadh73
01-07 11:29 AM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
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forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
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kutra
01-20 05:22 PM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).
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raysaikat
08-15 11:08 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
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backtoschool
01-08 04:36 PM
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
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b.rich
06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
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ski_dude12
03-22 11:50 AM
What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
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chi_shark
07-16 10:55 AM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
more...
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prem_goel
12-03 10:24 PM
I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
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wandmaker
02-11 12:21 PM
My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.
Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.
Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.
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Dhundhun
08-29 03:44 PM
...they want to distribute them judiciously.
USCIS ... judiciously???
LOL
USCIS ... judiciously???
LOL
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chalamurariusa
04-29 09:28 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
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kak1978
10-23 10:03 PM
My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.
poorslumdog
08-25 03:18 PM
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
gc_on_demand
06-22 10:09 AM
I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
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