Legal
02-04 02:33 PM
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
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Gravitation
04-09 12:48 PM
I'd say, we've waited enough(6-12 years). I know we are all chasing the american dream (perhaps it is just a dream), we should just make peace and move back. Thank you congress, america for giving ppl (from so called 3rd world nations) like us the chance to come and serve this great nation.
mind you.. dont forget to take back your $$$
The idea is excellent. You go ahead. I'll follow you shortly afterwards.
mind you.. dont forget to take back your $$$
The idea is excellent. You go ahead. I'll follow you shortly afterwards.
aadimanav
09-23 09:54 PM
http://blogs.ilw.com/gregsiskind/2008/09/house-judicia-1.html
HOUSE JUDICIARY COMMITTEE STILL NOT ABLE TO MOVE IMMIGRANT VISA RECAPTURE BILL OR NURSES BILL
For the third week in a row, the committee fails to move forward on these bills despite being scheduled today for a markup. And, according to the American Immigration Lawyers Association, tomorrow is not looking much better. Lovely.
HOUSE JUDICIARY COMMITTEE STILL NOT ABLE TO MOVE IMMIGRANT VISA RECAPTURE BILL OR NURSES BILL
For the third week in a row, the committee fails to move forward on these bills despite being scheduled today for a markup. And, according to the American Immigration Lawyers Association, tomorrow is not looking much better. Lovely.
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sdudeja
02-06 07:03 AM
Sorry to hear that. I am just making a point that my attorney told me that if you are on EAD with AC 21 and your 485 is denied for some reason then you are out of status that made me change my mind from using AC21.
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sheela
09-22 02:44 PM
----
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
This is easy, practical and may be more effective.
Co-ordinate working round-the-clock (24 hours non-stop) wherever, in whatever organization/immigation community is working.Let it be coast-to-coast. let the work start as usual on friday morning at 8am and end at 8.am on saturday. Employers will be happy and we can win enormous support. Send simultaneous cards to uscis/law makers.
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
This is easy, practical and may be more effective.
Co-ordinate working round-the-clock (24 hours non-stop) wherever, in whatever organization/immigation community is working.Let it be coast-to-coast. let the work start as usual on friday morning at 8am and end at 8.am on saturday. Employers will be happy and we can win enormous support. Send simultaneous cards to uscis/law makers.
qplearn
10-12 12:26 PM
Sorry I did not read this thread before. Just a simple question: should we use nycgal's draft?
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bsbawa10
04-07 02:04 PM
USCIS has a habit of dodging every prediction that is made here. I think there is only one rule in USCIS : "There is no rule". People behave and do the things they want and we spend tons of time and effort calculating the numbers and all that they do is print the bulletin according to the "mood of the day"
2010 The Minions were hilarious!
Macaca
02-28 07:32 PM
What we need this time around is a basic introductory article describing the Green Card journey to the general public overseas.
What do you mean by GC Journey? Do you mean the various USCIS stages (labor, I-140, I-485, ...) in the GC process? If yes, I can do that. However, I am not sure when it will get done. What is your deadline?
What do you mean by GC Journey? Do you mean the various USCIS stages (labor, I-140, I-485, ...) in the GC process? If yes, I can do that. However, I am not sure when it will get done. What is your deadline?
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unitednations
03-16 02:22 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
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ufo2002
05-12 01:57 PM
I have been reading the CIR Bill (PDF file, dated April 24, 2006) from this website
http://www.nilc.org/immlawpolicy/CIR/index.htm#cira
Under Title VI - Work Authorization and Legalization of Undocumented Individuals.
I will just digest and summarise the interesting points:
For illegals who entered the USA before April 5, 2001...
Immediate Adjustment of Status after paying fines and any additional amounts
Must be employed for at least 3 years during the 5 year illegal presence
Employment requirement not applicable to those under 20 years of age
Employment requirement of 3 years can be reduced if proven physical or mental disability like pregnancy
Alien shall not be required to complete employment requirements with the same employer!
OK, I am not going to go on as I will leave the rest of the reading up to you all. But I need to ask this: "The adjustment of status" above... does this mean those illegals don't need to go thru LCA and I-140? Also, they don't even need to stay with the same employer at the time of applying for AOS....
Sounds like a very good deal for these people.
So could someone explain to me why we in the retrogression queue should accept this bill even if it increases H1B and promises to reduce backlogs for GC when illegals who have been here for more than 5 years (many of us also have been here that long) get special treatment? It's a really bad deal for us.
http://www.nilc.org/immlawpolicy/CIR/index.htm#cira
Under Title VI - Work Authorization and Legalization of Undocumented Individuals.
I will just digest and summarise the interesting points:
For illegals who entered the USA before April 5, 2001...
Immediate Adjustment of Status after paying fines and any additional amounts
Must be employed for at least 3 years during the 5 year illegal presence
Employment requirement not applicable to those under 20 years of age
Employment requirement of 3 years can be reduced if proven physical or mental disability like pregnancy
Alien shall not be required to complete employment requirements with the same employer!
OK, I am not going to go on as I will leave the rest of the reading up to you all. But I need to ask this: "The adjustment of status" above... does this mean those illegals don't need to go thru LCA and I-140? Also, they don't even need to stay with the same employer at the time of applying for AOS....
Sounds like a very good deal for these people.
So could someone explain to me why we in the retrogression queue should accept this bill even if it increases H1B and promises to reduce backlogs for GC when illegals who have been here for more than 5 years (many of us also have been here that long) get special treatment? It's a really bad deal for us.
more...
mallu
06-15 08:30 PM
We are being squeezed all along the way... Did you notice I140 retrogression? Think about those who got stuck at labor, then 140, then I485, then name check...
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
hot Despicable+me+minions
shreekhand
09-12 10:09 AM
Oct 1.
When does the new fiscal year start?
When does the new fiscal year start?
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Kumbakonam
11-04 01:18 AM
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
If you have an NRE or NRO account, the money cannot be deposited into those accounts from India. This is my personal experience.
There is a limit I think but it must be like $25K..
Good Luck
If you have an NRE or NRO account, the money cannot be deposited into those accounts from India. This is my personal experience.
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partha_vus
06-13 04:58 PM
Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
Yes. That is suffice. My attorney asked for original and i told him, i have only I140 approval copy. Attorney asked additional proof like pay stubs, w2's from that employer. I submitted copies of pay stubs and w2's from that employer. My case is approved. waiting for the Notice copy. I will come to know once i receive the approval notice whether they ported priority date or not.
thanks,
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kiran24
12-06 02:29 PM
I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
You are not the only one....my application was also sent on July 2nd and I got FP notices (both my wife and I) and AP approved (both my wife and I).
My wife received EAD on 10/22 and so far there has been absolutely no update on my LUD and EAD application is still pending. The service center is Nebraska and I am the primary applicant. I think there a a lot of people in the same boat.
dresses 2011 minions despicable me.
ashkam
01-15 02:09 PM
Sledge_hammer, sanju and hpandey appear to be the only voices of reason here. Anything bad happens to anyone in this country who happens to be an immigrant and here come the conspiracy theorists. Don't be so paranoid, people. The burglars in this country believe in equal opportunity victimization. They rob everybody equally regardless of race or color.
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nozerd
08-01 01:59 PM
I would say even Canadian system of education is different from US. However difference in Canada is 10% v/s difference with India is 80%.
Remember Canada is Commonwealth country and ex British Colony and their education system is amalagmation of British and US systems. So even in Canaz they will prounces Z as Zed and not as Zee as in US. They will also write cheque and not check.
Canada educational system standards are high. In Canada public school is free like US but it goes beyond US in that even school supplies are free. You pay nothing for pen, book, paper or anything used in the classroom.
Also in Canad there are public Catholic schools where school is run by Catholics but with government aid so you pay nothing. Something like private school with no fees. or your Indian convent schools which many of us may have been to.
Remember Canada is Commonwealth country and ex British Colony and their education system is amalagmation of British and US systems. So even in Canaz they will prounces Z as Zed and not as Zee as in US. They will also write cheque and not check.
Canada educational system standards are high. In Canada public school is free like US but it goes beyond US in that even school supplies are free. You pay nothing for pen, book, paper or anything used in the classroom.
Also in Canad there are public Catholic schools where school is run by Catholics but with government aid so you pay nothing. Something like private school with no fees. or your Indian convent schools which many of us may have been to.
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yabadaba
07-21 01:13 PM
those who want to go to india...please do so
jobs in canada website:
http://www.workopolis.ca
for immigration:
it looks like they look at every case individually, in fact they recommend writing letters explaining a particular situation of concern (like work history gap, or u are not getting a letter from your current company right now because of blah blah reason)
http://www.cic.gc.ca/english/skilled/index.html
jobs in canada website:
http://www.workopolis.ca
for immigration:
it looks like they look at every case individually, in fact they recommend writing letters explaining a particular situation of concern (like work history gap, or u are not getting a letter from your current company right now because of blah blah reason)
http://www.cic.gc.ca/english/skilled/index.html
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EB3_SEP04
05-29 11:32 AM
This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
why do they hold mathematics competetions when we have calculators?
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
why do they hold mathematics competetions when we have calculators?
logiclife
05-29 12:54 PM
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
BharatPremi
12-12 12:03 AM
Did you mean "strategic"?
Thanks for failing me in spell test. :) Yes, please.
Thanks for failing me in spell test. :) Yes, please.
