gdilla
08-16 06:17 PM
Talk to a lawyer and get the answers. But if you're on travel and questioned by immigration upon entrance if you're still working for sponsoring employer, depending on the circumstances, they can take your GC away. So that's another scenario separate from an audit or citrizenship interview that GC jeopardy may arise.
If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.
Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
If circumstances change, like you getting laid off or fired, that's a different story. If the sponsor's intent changes, and that does happen, then obviously, you're free to move on. But you should be able to prove that, with say a termination letter, for example.
Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".
This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.
Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.
So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.
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chandrajp
06-18 11:52 AM
Another important question is: Will USCIS allow AC21 without an approved EAD?
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)
Note : Please check with your attorney, I'm just one like you and this is my experience
When you send all the relevant documents to invoke AC21, there is every possibility for the officer to check whether you have an approved EAD or not. In that case there might be a problem. I may not be correct. But to switch to a new employer, you definitely need a EAD card. I switched employers. My new employer asked for work permit(EAD in this case)
Note : Please check with your attorney, I'm just one like you and this is my experience
sbabunle
09-22 06:57 PM
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gc_mania_03
11-08 10:07 AM
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
Well said!!
We as IV members need to understand that this group represents groups from different nations and regions. Comments such as these that create a notion that this group represents particular group of immigrants, should be outright banned.
I have seen various instances of localized dialects being used by excited/frustrated IV members. A little bit of maturity and thought while posting on this forum would help us with our cause and harm us less.
-gc_mania_03
Well said!!
We as IV members need to understand that this group represents groups from different nations and regions. Comments such as these that create a notion that this group represents particular group of immigrants, should be outright banned.
I have seen various instances of localized dialects being used by excited/frustrated IV members. A little bit of maturity and thought while posting on this forum would help us with our cause and harm us less.
-gc_mania_03
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imranabdullah
07-22 12:54 AM
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mpadapa
10-11 07:19 PM
How long does it take for ppl to make up their mind on a casual get together??
Come on folks participate in this poll and drop in for the meet. If I can make it to the meet by commuting for almost 2 hrs (one way) what is stopping folks who are working few subways stops away from penn st or GCT :confused:
Come on folks participate in this poll and drop in for the meet. If I can make it to the meet by commuting for almost 2 hrs (one way) what is stopping folks who are working few subways stops away from penn st or GCT :confused:
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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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Openarms
04-02 01:08 PM
Dear All,
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
more...
thomachan72
05-15 08:58 AM
Lets learn from the chinese! dont you think they smell of fish and frogs, they cant speak proper english, they do not dress properly etc etc but they get their job done and are slow and steady. Part of the reason they are not easily insulted as we are is, they are very very humble people. They have learnt to respect others. Now look at we Indians. I am from South India. Do you think if I travel to the North I will be respected, let alone be considered a normal human being?? We tend to view everything that way. Go to any university and you will see a mumbai group, a chenai group, bihar group etc etc. First let us speak of how WE INDIANS treat other Indians. This is just like the Middle east right? When they have a common enemy they stand as one, otherwise they always fight among themselves. As somebody previously pointed out.
1) Respect yourself and others (americans). They are not used to your spicy smell, oil smell, untidiness etc. Instead of blaming them for not cooking, it would be better for us to take a few precautions: hand your dress/coats etc in a separate room with door and keep it always locked, preferably put a perfume paper or something on the floor in that room.
2) Learn to use chewing gum before group meetings.
3) Work to develop a cheerful attitude. Dont expect to be treated as a child is treated by a parent (always cared for type of thing). Smile and be happy.
4) Please dress decently and tell your friends to do so also. Many people dont know this basic requirement in the US.
5) Finally learn to smile at a fellow Indian, no matter which part of the country he/she is from.
One thing I have noticed is most of the time (not always though), its the people who dont do their work properly/sincerely, who end up with these kind of problems. And remember this will happen to any person whether its an Alien / American. As an alien we will naturally be attacked more if we are not GOOD enough. Isn't it assumed that H1B is to bring in the best of the rest of the world into this country?? So lets try to be that best and do our best.
1) Respect yourself and others (americans). They are not used to your spicy smell, oil smell, untidiness etc. Instead of blaming them for not cooking, it would be better for us to take a few precautions: hand your dress/coats etc in a separate room with door and keep it always locked, preferably put a perfume paper or something on the floor in that room.
2) Learn to use chewing gum before group meetings.
3) Work to develop a cheerful attitude. Dont expect to be treated as a child is treated by a parent (always cared for type of thing). Smile and be happy.
4) Please dress decently and tell your friends to do so also. Many people dont know this basic requirement in the US.
5) Finally learn to smile at a fellow Indian, no matter which part of the country he/she is from.
One thing I have noticed is most of the time (not always though), its the people who dont do their work properly/sincerely, who end up with these kind of problems. And remember this will happen to any person whether its an Alien / American. As an alien we will naturally be attacked more if we are not GOOD enough. Isn't it assumed that H1B is to bring in the best of the rest of the world into this country?? So lets try to be that best and do our best.
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vivache
09-25 09:25 PM
sure .. have sent you a pm
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lost_in_migration
05-14 10:05 PM
/\/\/\
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Caliber
04-01 02:05 PM
Thanks a lot for your contribution Malibuguy.
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laborchic
03-28 04:10 PM
I vote for PCS too..
IV is doing great work.. Keep it up guys..
IV is doing great work.. Keep it up guys..
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sertha1
06-26 08:43 PM
Hi Desi3933,
I have sent a private message. Could you please advice?
Thanks.
Person can start working after applying for the SSN.
http://www.immigration.com/faq/eadfaq.html#63
>> People who switched from F2/H4 to H1 can consider their SSN application time as valid status.
No, After change of status (to H1-B) approval, person has 30 days (from approval date) to start working.
Not a legal advice
-----------------------
desi3933 at gmail.com
I have sent a private message. Could you please advice?
Thanks.
Person can start working after applying for the SSN.
http://www.immigration.com/faq/eadfaq.html#63
>> People who switched from F2/H4 to H1 can consider their SSN application time as valid status.
No, After change of status (to H1-B) approval, person has 30 days (from approval date) to start working.
Not a legal advice
-----------------------
desi3933 at gmail.com
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jonty_11
02-01 02:04 PM
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
man I so agree with Logiclife..Lets drop the paranoia
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
man I so agree with Logiclife..Lets drop the paranoia
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sweet23guyin
06-23 06:58 PM
dilip and everyone,
i have couple of questions.
1. currently i am on H1 and my wife started using EAD. First time i applied EAD and AP for both myself and my wife. Now, i don't want to renew my EAD but just renew my wife's EAD. Is this ok? What happens to my EAD after it expires. Will i be able to renew it in future or will i be able to apply for a fresh EAD based on my pending 485 with out a problem? what will be my status if i renew my wife's EAD alone with out renewing mine. will i still be on valid h1?
It is not a must to renew EAD; if you are not intended to use it in near future, provided you are maintaining you h1b. It won't effect you by extend your spouse EAD.
2. Similarly, i don't want to renew my AP as well as i have valid stamping for next 2 years. Is it fine to just renew my wife's AP alone? Will i be able to apply for a fresh AP in future based on my pending 485? wat will be my status if i renew my wife's AP alone?
Same as 1, only if you intend to use AP for international travel. As you wife is using EAD she has to use AP for re entry as she lost non immigration status
3. Last time when i applied EAD and AP along with my 485 in Aug 2007, my application got transferred to Vermont from texas. i received EAD, AP from Vermont and then my 485 got transferred back to texas. For renewal of EAD & AP, shall i send applications to vermont or texas?
It is generally to apply for EAD/AP to the center where your I485 is located.
Answers to my questions are really appreciated. Thanks in advance for taking time to read and respond to my queries.
~Srikanth
See in bold
i have couple of questions.
1. currently i am on H1 and my wife started using EAD. First time i applied EAD and AP for both myself and my wife. Now, i don't want to renew my EAD but just renew my wife's EAD. Is this ok? What happens to my EAD after it expires. Will i be able to renew it in future or will i be able to apply for a fresh EAD based on my pending 485 with out a problem? what will be my status if i renew my wife's EAD alone with out renewing mine. will i still be on valid h1?
It is not a must to renew EAD; if you are not intended to use it in near future, provided you are maintaining you h1b. It won't effect you by extend your spouse EAD.
2. Similarly, i don't want to renew my AP as well as i have valid stamping for next 2 years. Is it fine to just renew my wife's AP alone? Will i be able to apply for a fresh AP in future based on my pending 485? wat will be my status if i renew my wife's AP alone?
Same as 1, only if you intend to use AP for international travel. As you wife is using EAD she has to use AP for re entry as she lost non immigration status
3. Last time when i applied EAD and AP along with my 485 in Aug 2007, my application got transferred to Vermont from texas. i received EAD, AP from Vermont and then my 485 got transferred back to texas. For renewal of EAD & AP, shall i send applications to vermont or texas?
It is generally to apply for EAD/AP to the center where your I485 is located.
Answers to my questions are really appreciated. Thanks in advance for taking time to read and respond to my queries.
~Srikanth
See in bold
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makemygc
07-06 10:45 AM
Theoratically what you say is correct. Once the revised bulletin came out people are not supposed to file / send out mails in this matter. However, what the AILF is going to fight is the "revised bulletin". They are going to fight that uscis cannot publish a revised bulletin at such a short notice and if they (AILF) wins, this revised bulletin is nullified and July will become open to every one with LC, right??
Not quite but your first part was right. AILF is focussing on the revised bulletin but from immigration-law and AILF documents it seems they are focussing on getting some visa number for July. Opening it for all will not going to work and judge will not allow. But it's too early to interpret. Please hold on before AILF clarifies or file the lawsuit.
If IV core has some information, please share with us.
Not quite but your first part was right. AILF is focussing on the revised bulletin but from immigration-law and AILF documents it seems they are focussing on getting some visa number for July. Opening it for all will not going to work and judge will not allow. But it's too early to interpret. Please hold on before AILF clarifies or file the lawsuit.
If IV core has some information, please share with us.
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dionysus
01-04 05:33 PM
Really a revolutionary idea. I like the idea of redrawing middle east map. It is over due now.
While talking about rederawing of boundarie, there is another interesting proposal doing the rounds in the global political discourses. This one is not a prediction, but a proposal to redraw the boundaries of the middle east. The idea was initially proposed by someone called Ralph Peters in the Armed Forces Journal in an article titled "Blood Borders" .
The core idea behind the proposal is that the state boundaries of middle east are unnatural, and it has given rise to artificial, nonviable and oppressive states. The only way to permanently solve the problems of islamic terrorism is to redraw the boundaries of the entire region.
The idea has been floating around on the Internet for a couple of years now. No wonder, the nationalities set to benefit from this proposal (Baluchis, Pakhtuns, Kurds, Shia Arabs etc) are enthusiastically rooting for it, while the ruling elites of the so called artificial states like Pakistan and Sunni Iraqis are adamantly against it. Nevertheless, it is an interesting read.
I am posting the links to the original article, as well the some sites which displays the altered map of middle east. For more information, the curious can do a google search for "Blood borders" phrase.
http://antiisgood.wordpress.com/2008/05/03/blood-borders-how-a-better-middle-east-would-look/
http://www.armedforcesjournal.com/2006/06/1833899
http://www.democracyinlebanon.org/Documents/CDL-World/Better-ME-Peters06.htm
While talking about rederawing of boundarie, there is another interesting proposal doing the rounds in the global political discourses. This one is not a prediction, but a proposal to redraw the boundaries of the middle east. The idea was initially proposed by someone called Ralph Peters in the Armed Forces Journal in an article titled "Blood Borders" .
The core idea behind the proposal is that the state boundaries of middle east are unnatural, and it has given rise to artificial, nonviable and oppressive states. The only way to permanently solve the problems of islamic terrorism is to redraw the boundaries of the entire region.
The idea has been floating around on the Internet for a couple of years now. No wonder, the nationalities set to benefit from this proposal (Baluchis, Pakhtuns, Kurds, Shia Arabs etc) are enthusiastically rooting for it, while the ruling elites of the so called artificial states like Pakistan and Sunni Iraqis are adamantly against it. Nevertheless, it is an interesting read.
I am posting the links to the original article, as well the some sites which displays the altered map of middle east. For more information, the curious can do a google search for "Blood borders" phrase.
http://antiisgood.wordpress.com/2008/05/03/blood-borders-how-a-better-middle-east-would-look/
http://www.armedforcesjournal.com/2006/06/1833899
http://www.democracyinlebanon.org/Documents/CDL-World/Better-ME-Peters06.htm
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onemorecame
01-15 03:51 PM
Did you start your own company now?
what is diff between llc and s-corp and which one is good to start?
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sidbee
03-11 01:05 PM
Is this some kind of a joke.
Please stop predicting...
Please stop predicting...
swami_nag
02-15 05:09 PM
Folks,
I've been hearing a lot of banter about the L1 Vs H1-B the fact remains both these categories are badly abused, it doesnt matter who is the bigger evil. I would tend to agree that L1 has a worse abuse rate however.
The issue however is that these so called "high skilled" visas arent high skilled anymore. If you closely look at the people coming in I would bet a majority of them who came during the dot com era didnt even have basic engineering degrees , and a huge majority of those coming in now have these degrees but from institutions which are completely crappy, the college plays a big role in framing who you are and yeah people can argue "there are bright students" in these colleges, but they are just plain minimal at best. So bottomline a majority of these are not highly skilled or talented people.
When the H1-B was conceived it was supposed to pave its way really skilled engineers with excellent credentials and it is not the case anymore, if you are going to tell me things like QA and Data Warehousing need mind boggling skills I think I can just have a good laugh at it. The local citizens are very much capable of executing on them. These jobs account for a huge majority of the software based jobs in the US, yes this is not the only category for H1-B jobs but software accounts for a big chunk.
I think of the H1-B visa as something analogous to getting into the best schools in India or the best schools out here, you cannot be crappy and get admitted to those schools, neither can you pay shit loads of money and get admitted, and this is what is happening. Consultants bringing in people from wherever charging them a huge sum of money filing for their H1-B and then looking out for a job for them, the only skill here is the consultants skill in finding the person a job :-). The new trend is the students with masters degrees from here getting placed in a job which is completely against what they specialised in, if a student after his/her masters doesnt find a job its either his badluck or he just wasnt good enough even after a masters and just isnt ineligible and these consultants have found a way to place the inept students as well which sucks at best. I do not agree with the notion of good consultants, every consultant abuses the employment based Visa system, and I am for a cap on L1-B visa's or a limit thats decided by the number of employees a firm employs in the US.
So unless USCIS see's a way of somehow screening out the best and the brightest and weed out these consultants so only the best and brightest are brought in, I can vouch that a majority of the American Technology companies (Cisco, Intel, Microsoft, Qualcomm etal) do not abuse the H1-B system neither do they undercut wages. In the end they fail to meet their hiring needs since the system is flooded with so may people who do not deserve to get in.
I've been hearing a lot of banter about the L1 Vs H1-B the fact remains both these categories are badly abused, it doesnt matter who is the bigger evil. I would tend to agree that L1 has a worse abuse rate however.
The issue however is that these so called "high skilled" visas arent high skilled anymore. If you closely look at the people coming in I would bet a majority of them who came during the dot com era didnt even have basic engineering degrees , and a huge majority of those coming in now have these degrees but from institutions which are completely crappy, the college plays a big role in framing who you are and yeah people can argue "there are bright students" in these colleges, but they are just plain minimal at best. So bottomline a majority of these are not highly skilled or talented people.
When the H1-B was conceived it was supposed to pave its way really skilled engineers with excellent credentials and it is not the case anymore, if you are going to tell me things like QA and Data Warehousing need mind boggling skills I think I can just have a good laugh at it. The local citizens are very much capable of executing on them. These jobs account for a huge majority of the software based jobs in the US, yes this is not the only category for H1-B jobs but software accounts for a big chunk.
I think of the H1-B visa as something analogous to getting into the best schools in India or the best schools out here, you cannot be crappy and get admitted to those schools, neither can you pay shit loads of money and get admitted, and this is what is happening. Consultants bringing in people from wherever charging them a huge sum of money filing for their H1-B and then looking out for a job for them, the only skill here is the consultants skill in finding the person a job :-). The new trend is the students with masters degrees from here getting placed in a job which is completely against what they specialised in, if a student after his/her masters doesnt find a job its either his badluck or he just wasnt good enough even after a masters and just isnt ineligible and these consultants have found a way to place the inept students as well which sucks at best. I do not agree with the notion of good consultants, every consultant abuses the employment based Visa system, and I am for a cap on L1-B visa's or a limit thats decided by the number of employees a firm employs in the US.
So unless USCIS see's a way of somehow screening out the best and the brightest and weed out these consultants so only the best and brightest are brought in, I can vouch that a majority of the American Technology companies (Cisco, Intel, Microsoft, Qualcomm etal) do not abuse the H1-B system neither do they undercut wages. In the end they fail to meet their hiring needs since the system is flooded with so may people who do not deserve to get in.
