nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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Jerrome
05-21 04:11 PM
I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?
posmd
11-12 11:51 AM
I have looked at your link and to be sure this is an inspiring human being. As are pretty much all of the nominated CNN heros. That said, I want to make a point that I think should make people take pause.
This is firstly an immigration website. It is certainly not a ethnocentric website. IV leadership have gone to extraordinary lengths over the years to emphasize this. Yet people keep posting such requests to give the impression to all that it is Indocentric. It harms the cause.
Finally, if you are asking people to vote because he is the most deserving as CNN hero that would be one thing. If on the other hand as all the evidence suggests you are asking folks to vote because he is Indian, then I am afraid it speaks more to prejudice than anything else.
I am saying this because I hope it makes everyone think about it.
This is firstly an immigration website. It is certainly not a ethnocentric website. IV leadership have gone to extraordinary lengths over the years to emphasize this. Yet people keep posting such requests to give the impression to all that it is Indocentric. It harms the cause.
Finally, if you are asking people to vote because he is the most deserving as CNN hero that would be one thing. If on the other hand as all the evidence suggests you are asking folks to vote because he is Indian, then I am afraid it speaks more to prejudice than anything else.
I am saying this because I hope it makes everyone think about it.
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milind70
04-01 05:58 PM
Folks,
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
I checked my status online today (4/1/2008) and this is what it says:
"On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."
I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.
My Situation:
PD - Feb-2005
Labor - Approved
I-140 - Approved
I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.
I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?
So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?
I am thinking that it might be the FP appointment but I am not sure.
-Bipin
I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps
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BharatPremi
12-05 03:38 PM
I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?
Yes. One can be on PR till the last day on earth provided fulfilling all obligations as PR. One does not have to be a US citizen.
Yes. One can be on PR till the last day on earth provided fulfilling all obligations as PR. One does not have to be a US citizen.
mrdelhiite
07-24 03:23 PM
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
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ronhira
04-28 10:31 AM
we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
2010 US time zone map
nlssubbu
05-19 01:08 PM
In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved
Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.
Try your luck!
Regards
I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved
Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.
Try your luck!
Regards
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Pineapple
08-01 11:05 PM
It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
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kate123
04-07 07:31 AM
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
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desiin_va
01-14 10:17 PM
To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.
Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.
Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.
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SpotanAnti
10-08 06:37 PM
When you are not that smart how come you applied for EB2 ??
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
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GIDOC
07-18 01:47 AM
We should still encourage Congresswoman Zoe Lofgren to look into why this happened in the first place. This should not happen again.
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GCNirvana007
09-10 11:37 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
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prem_goel
07-07 01:17 AM
My lawyer who handled my H-1b transfer told me that. I find it logical as well. If you are the beneficiary of an approved H-1B petition, then why can't you go back to that status whenever you want. So I think its correct. however she did mention that she handled the case of a person who was on EAD for about an year. i am assuming his old H-1B petition must've been valid when they filed again.
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intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.
Thanks for your replys in advance
Thanks for your replys in advance
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gsc999
07-08 10:48 PM
It may be counterproductive to get Indian government involved, as has been pointed out by IV before.
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
The recent WTO talks failed and US trade rep blamed India and Brazil for the failure. Why wouldn't US use this as a trade negotiation issue with India, instead of solving it as a domestic procedural issue. Once that happens the likes of Lou Doubbs will hijack this issue and make it US vs India.
- If at all there is a trade issue, it is for H1-B visas. Once you are at AOS stage even that motivation goes away.
My suggestion is to focus on domestic media and local congresspeople, who can be more helpful.
Lets try to be part of the community we want to be "permanent immigrant" of, instead of looking towards Indian govt., which can't do much here anyways
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uma77
10-17 03:04 PM
Guys,
excuse my ignorance, where (link to the website) can i look up these codes? Thank you in advance.
excuse my ignorance, where (link to the website) can i look up these codes? Thank you in advance.
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dpp
06-28 03:03 PM
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
StarSun
05-03 02:29 PM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
cooltypes
06-04 12:56 PM
New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
http://www.shusterman.com/cgi-bin/ex-link.pl?www.informationweek.com/showArticle.jhtml;jsessionid=UWJRQUDRODHLAQSNDLPCK HSCJUNN2JVN?articleID=199800102&queryText=immigration
http://www.shusterman.com/cgi-bin/ex-link.pl?www.informationweek.com/showArticle.jhtml;jsessionid=UWJRQUDRODHLAQSNDLPCK HSCJUNN2JVN?articleID=199800102&queryText=immigration
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