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  • Nickjr
    09-26 09:37 AM
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us
    ************************************************** **

    I agree that there is general perception floating around which suggests that Democrats would not support EB.

    But I have feeling that in teh dog eats dog world no one does favor on any one.when they say amensity for illigal immigrants there is some interests as polictal parties look for vote bank.

    Lets assume that if Obama would be in power I guess in that case surely they will have to sing diffrent tune ( if we assume that they are completely against immigration which I doubt) as country has to give enough consideration to the fact that US needs foriegn workers. With such economy no one can ignore that if we don't encourage GC process there would be reverse brain drain. Companies like Microsoft has already started moving some operations in canada and other countries to accomadate foreign workers. Yes they would not do for you and me but they will have to do for strong business communities.

    I really like the point mentioned here if you allow me I can forward this to Obama campaign for clarification on this..

    Cheers





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  • Macaca
    05-14 06:24 PM
    An Increasing Population is a Good Thing. So is Immigration. (http://www.spectator.co.uk/alexmassie/6941654/an-increasing-population-is-a-good-thing-so-is-immigration.thtml) By ALEX MASSIEFRIDAY | Spectator

    Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.

    Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.

    Mr Bridges concludes, darkly:

    Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?

    Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?

    OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!

    Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?

    So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.

    This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.

    That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.

    Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.

    Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?


    Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail
    Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN
    Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner
    The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times





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  • nogc_noproblem
    08-26 07:19 PM
    Two rednecks were looking at a Sears catalog and admiring the models.

    One says to the other, 'Have you seen the beautiful girls in this catalog?'

    The second one replies, 'Yes, they are very beautiful. And look at the price!'

    The first one says, with wide eyes, 'Wow, they aren't very expensive. At this price, I'm buying one.'

    The second one smiles and pats him on the back. 'Good idea! Order one and if she's as beautiful as she is in the catalog, I will get one too.'

    Three weeks later, the youngest redneck asks his friend, 'Did you ever receive the girl you ordered from the Sears catalog?'

    The second redneck replies, 'No, but it shouldn't be long now. I got her clothes yesterday!'





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  • Marphad
    12-18 12:10 PM
    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.

    Well said!



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  • maverick_joe
    08-06 03:08 PM
    haha haha..man, cant let this thread disappear!
    bump bump!





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • Beemar
    12-30 09:35 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.



    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.





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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94



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  • Ramba
    09-26 06:33 PM
    Barack Obama the socialist with his protectionist\restrictionist measures will not create jobs but will destroy the capitalist america. In addition to "creating" jobs by stopping "JOBS BEING SHIPPED OVERSEAS", he will also "create" jobs by kicking you and me out of USA. Lookout for draconian H1b restrictions, points based system, removal of AC21 and amnesty for illegals by obama-kennedy-durbin CIR. Not sure MCcain would do anything for us but one thing for sure he wont be anti to eb folks. Just like Bush who might not have done anything for us but atleast during the july 2007 visa bulletin fiasco his administration (chertof, rice ) atleast reversed the July bulletin after the flower campaign. Durbin-obama would thrown the flowers on our face and kick us out.

    This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.





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  • natrajs
    10-01 09:30 AM
    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents



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  • pthoko
    07-11 10:48 AM
    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.



    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.




    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.


    Yes H1B is NOT Stamped yet.





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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)



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  • jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.





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  • bondgoli007
    01-06 05:34 PM
    My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.

    Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
    :-) your argument or your feeble attempt at it is quite pathetic.

    No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.

    If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....

    I will concede one point to you...you do know the meaning of hate...and you know it well..

    Peace be with you...if it can.



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  • desi3933
    08-05 03:33 PM
    ....

    I am glad you took your post after I placed details about the law.





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  • gcisadawg
    01-03 02:20 AM
    My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!

    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.



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  • skd
    12-29 03:10 PM
    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
    Cheers!
    .

    funny





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  • xyzgc
    12-20 03:19 PM
    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    He is a konkani muslim.http://en.wikipedia.org/wiki/Konkani_Muslims
    Famous Konkani Muslims - some good and some evil.

    * Makhdoom Ali Mahimi - Sufi Saint of Mahim
    * Abdul Rehman Antulay- Politician, ex-Chief Minister of Maharashtra
    * Mukri - Hindi Film Actor
    * Dawood Ibrahim - Underworld Kidnapping and Narcotics Kingpin
    * Shafi Inamdar - Hindi Film Actor
    * Fareed Zakaria - Editor, Newsweek
    * Rafique Zakaria - Famous Islamic Scholar and MP
    * Ghulam Parkar - Indian Cricketer
    * Usman Hajwane - Poet, Writer
    * Sharaf Kamali - Poet

    As a side note a lot of muslim terrorists come from Mumbra - a Bombay suburb. Its 70% musclemann,
    It was a town that formed Mughal outpost in the 14th century.
    http://en.wikipedia.org/wiki/Mumbra
    Worse, its a fairly literate town, that disposes the theory that terrorism is a direct offshoot of poverty and lack of education. Not true.





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  • vghc
    01-07 02:54 PM
    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?

    Me? Naaa....i just dislike any organized religion. They are the cause of a lot of problem in this world.





    Macaca
    12-21 05:34 PM
    Polls Aside, Bush Ends Year With Victories (http://online.wsj.com/article/SB119819850269643697.html) By John D. McKinnon | Wall Street Journal, Dec 21, 2007

    WASHINGTON -- President Bush is ending the year with the approval of just one in three voters, according to the Wall Street Journal/NBC poll, but he is enjoying a string of legislative successes in Congress, on matters from Iraq-war funding and the federal budget to energy policy, tax increases and mortgage relief.

    Bush aides believe they benefited from overreaching by Democrats flush with their 2006 election victory. The White House began the year by laying out relatively modest goals on issues like energy and federal spending. They clung to those goals, even as some Republicans in Congress wavered. White House officials wagered that voters care about concrete results and ultimately would blame Congress, not the White House, if results failed to appear. That made their hard-line negotiating more effective as the year wore on.

    Democrats became more eager to reach accords on issues such as energy after the Thanksgiving break, administration officials said. Meanwhile, with each victory -- on war funding, on foreign- intelligence wiretapping and on the proposed expansion of a children's health-insurance program -- Republicans on Capitol Hill gained more confidence.

    "I leave the year feeling good about our capacity to get some important things done," Mr. Bush said yesterday at a news conference.

    Meeting with reporters this week, Speaker Nancy Pelosi said Democrats might have raised expectations too high in their attempts to cut off Iraq-war funding. Some top Democrats said they were surprised Mr. Bush refused to cave in and negotiate a deal on children's health.

    Democrats rejected comparisons with the Republican Congress of 1995, which famously overreached in its clashes with the Clinton administration. Democrats also dismissed the White House view that Mr. Bush's determination helped congressional Republicans regain their political footing.

    "Here's the problem: When people say they want a change, the reference point is from George Bush," said Rep. Rahm Emanuel, the House Democratic caucus chairman and a top party strategist. "And now the Republicans have decided to get closer in the photo [to] George Bush. I will pay their cab fare every day for them to go to the White House to do that. I'll rent the bus so the whole caucus can go."

    White House aides said they are developing contingency plans for next year, aimed at shoring up the economy, if necessary, and perhaps at sweetening voters' sour mood about their finances. The nature and extent of administration proposals depend in part on whether the economy weakens as some experts predict, but two possible prescriptions could include new health-care proposals and Mr. Bush's trademark tax cuts.

    The president said his administration will "consider all options" to stimulate the economy. He urged Wall Street banks to record all losses relating to the housing crisis immediately. To tighten wasteful government spending, he said his administration would consider options for overriding some congressional "earmarks."

    Democrats say many Republican successes resulted not from the popularity of their positions but from the high procedural barriers to passing legislation in the Senate. Majority Leader Harry Reid's office this week sent out a list of 62 procedural votes that Republicans had forced in the Senate, contending it is a record.

    Democrats say they enacted five of their six major initiatives, including raising the minimum wage; passing energy legislation; enacting recommendations of the 9/11 commission; helping make college costs more affordable; and opening up stem-cell research. Mr. Bush vetoed the stem-cell bill, but the rest became law.

    While Democrats made big concessions on their spending totals, they say they realigned priorities within those limits. They also say the children's health issue will haunt the White House in the summer when states start to run out of money. And Ms. Pelosi said Democrats would be "relentless" next year in seeking to hold the administration accountable on Iraq.


    Sentiment Aside, Bush Scores Wins (http://blogs.wsj.com/washwire/2007/12/21/sentiment-aside-bush-scores-wins/) By John D. McKinnon | WSJ Blog, December 21, 2007





    desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.



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