nk2006
10-03 11:41 AM
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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manderson
10-18 12:25 PM
http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National (http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National)
Immigration board short of staff as backlog grows
GLORIA GALLOWAY
OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
"This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
"In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
"We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
"As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
"I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
"I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
"Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."
Immigration board short of staff as backlog grows
GLORIA GALLOWAY
OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
"This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
"In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
"We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
"As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
"I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
"I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
"Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."
smuggymba
07-27 11:55 AM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.
I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.
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Keeme
05-01 04:19 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?
more...
Blessing&Lifeisbeautiful
07-24 05:26 PM
Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:)))))) :D Tell me about it I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)
BLIB
BLIB
shirish
10-24 03:34 PM
I have a question on a similer subject, but not exactly labour sub
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.
I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.
more...
BharatPremi
12-14 05:26 PM
Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
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eb3_nepa
07-04 12:23 AM
http://digg.com/politics/USCIS_Visa_scandal 49 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS
Dugg all 3
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS
Dugg all 3
more...
Rb_newsletter
01-15 06:24 PM
then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........
I don't know if you guys heard about back dated H1 denials. If not below is a case.
Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.
But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.
I don't know if you guys heard about back dated H1 denials. If not below is a case.
Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.
But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.
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kuhelica2000
02-12 05:58 PM
Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
more...
msp1976
02-15 11:55 AM
hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.
Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....
Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....
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alterego
12-14 05:26 PM
An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?
more...
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HumJumboHathuJumbo
09-23 04:00 PM
are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
this is not realistic! how will uscis validate your home buying?. do we submit house deeds with I-485 or send the deed later?.
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angelfire76
01-14 03:38 PM
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
cinqsit
Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.
more...
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srini1976
09-23 05:50 PM
Alright the numbers are out
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
We have following EB2 numbers
<=2004 7000
2005 10800
2006 19250
2007(july) 10500
==============
Total 47,700
==============
EB2-ROW have very few applicants pending as i said in my earlier message ~7200. So CIS has to approve EB2 India/China cases to meet their approval numbers.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
We have following EB2 numbers
<=2004 7000
2005 10800
2006 19250
2007(july) 10500
==============
Total 47,700
==============
EB2-ROW have very few applicants pending as i said in my earlier message ~7200. So CIS has to approve EB2 India/China cases to meet their approval numbers.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
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amoljak
07-26 11:09 PM
I was approached by a Quixtar "Business Owner" in Ikea. I had fallen in their trap once before and had to listen to the whole business plan and how I was wasting my life working for someone else etc. etc.
He used his signature opening line: Are you Indian?
I replied: NO
Poor fellow didn't know what to say next.
He used his signature opening line: Are you Indian?
I replied: NO
Poor fellow didn't know what to say next.
more...
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GCard_Dream
10-19 12:18 AM
Nope. You have to be in Canada physically 2 years out of the 5 years.
I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
Please advise.
I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
Please advise.
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shukla77
07-29 12:27 PM
I think what Ron is saying does make sense.
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NNReddy
09-03 06:06 PM
It's a sad day indeed for India(and AP in particular) to loose a dynamic leader with a vision. Go to every village in Andhra and ask them are they better off now compared to six years ago. YSR did a lot to AP, would have done much more if he lived.
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
mbawa2574
02-15 06:49 PM
No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.
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