dixie
09-11 10:14 PM
Getting our voices heard and getting relief measures passed are not the same thing. Awareness is the first step; legislation (a loooong process BTW) is a possibility only after that. The lawmkers and media were not even aware of our problems thus far .. they went by the maxim (immigration = illegal aliens) and (legal immigration = H1B visa increase).You must recognize that it takes time to rid them of that mentality.
For all their herculean efforts, we are by no means all-powerful.The core team does the best it can under the circumstances. Witness the managers amendments in CIR .. the bill failed for reasons beyond our control, but isnt that evidence enough of what we can achieve ?
Also remember this is election time .. politicians will obviously worry first and foremost about their re-election. Going by your yardstick, the much much mightier tech,healthcare and agribusiness industry lobbies have all failed to get any relief measures passed for themselves.
Getting favorable legislation enacted is a prolonged process where a lot of patience is called for. We are all in a hole, and IV is our only bet to get out of it. Please have faith and continue contributing to our cause.
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
For all their herculean efforts, we are by no means all-powerful.The core team does the best it can under the circumstances. Witness the managers amendments in CIR .. the bill failed for reasons beyond our control, but isnt that evidence enough of what we can achieve ?
Also remember this is election time .. politicians will obviously worry first and foremost about their re-election. Going by your yardstick, the much much mightier tech,healthcare and agribusiness industry lobbies have all failed to get any relief measures passed for themselves.
Getting favorable legislation enacted is a prolonged process where a lot of patience is called for. We are all in a hole, and IV is our only bet to get out of it. Please have faith and continue contributing to our cause.
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
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qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
gcnirvana
06-22 01:04 PM
Hi,
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
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naidu
12-09 10:21 AM
We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.
more...
meridiani.planum
06-27 01:42 PM
Hi All
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
rocky17105
07-29 09:48 AM
Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.
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Ann Ruben
07-22 09:55 PM
I have also had success using just the online printout, but to be safe, you should make a Freedom of Information Act request for a copy of the I-140 approval notice. This is relatively easy to do-just follow the instructions on the USCiS website USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD ).
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
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desi3933
04-06 03:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
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surabhi
05-28 10:23 AM
It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
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karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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LOL123
06-24 09:12 AM
I had the same experience. exactly the same message and then the day after it was showing delivered. You should be fine.
Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.
I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.
Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.
I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.
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reddyram
07-23 02:03 PM
What is the expected OS? Is it windows? Is it free?
Windows and Free are antonyms just like pakistan and intelligence. Read the post again dude -its has to be Linux . Can u even get a Windows License for $35 ? forget Windows ..even DOS ? ( except on the streets of muhammed alee rd or abdool gafoor rd , where u can get a pirated version for $2 !!! )
Windows and Free are antonyms just like pakistan and intelligence. Read the post again dude -its has to be Linux . Can u even get a Windows License for $35 ? forget Windows ..even DOS ? ( except on the streets of muhammed alee rd or abdool gafoor rd , where u can get a pirated version for $2 !!! )
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coopheal
04-23 12:16 AM
I see no reason why you cant move to permanent offer.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
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Jaime
09-15 08:35 PM
bump
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willgetgc2005
02-09 01:01 PM
Hi,
I am having issues with my Immigration Attorney. I had asked him to initiate
enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
service and not my company.
In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.
He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.
Please suggest.
I am having issues with my Immigration Attorney. I had asked him to initiate
enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
service and not my company.
In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.
He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.
Please suggest.
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gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
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mmanurker
05-04 04:47 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
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smuggymba
06-02 10:07 AM
Buying insurance and filing claim are two completely different things and experiences. The first step of insurance companies is to deny claim...this is built in their business model.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
You have to fight. I'm not sure how fever can be pre-existing unless they have a harvard grad lawyer who can prove that the illness that your mom has causes fever all the time and that fever is a direct outcome of such an illness.
We desis don't like to spend time running around in courts because of our jobs and work, and these people know that. Fight.
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hiralal
06-26 10:12 PM
good initiative ..I am in ..something is better than nothing ..as the old saying says ..lets throw as many stones on the mango tree ..gaya tho pathar ..mila tho aam ..if you miss - you just lose a stone ..if you hit, you get a green mango (green card). ..cheers !!!
Dhundhun
06-12 06:34 PM
MY case details are PD:02/2002, EB2, India. I-485 RD: 06/06/07.
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
Sandeep
02-01 10:00 AM
http://www.businessweek.com/bwdaily/dnflash/feb2006/nf2006021_1615_db038.htm
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
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