unseenguy
06-01 09:31 PM
yes, i do understand that. I still donot understand why fly into a "thunderstorm"!
underestimation + overconfidence. We will get through these 10 mins kind of thing.
underestimation + overconfidence. We will get through these 10 mins kind of thing.
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JunRN
09-12 11:47 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
stucklabor
03-23 06:57 AM
Piyushpan, you are restating what I said and putting in extra things. All 3 categories need an immigrant petition. The advanced STEM degree + 3 years people need "special labor cert" if their grad degrees are not from the US. Please re-read what I wrote earlier.
Are you STEM exempt? if so, is your advanced degree from the US? If yes, you may not need labor cert. But remember, I am not an expert. Get a lawyer's advice.
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Are you STEM exempt? if so, is your advanced degree from the US? If yes, you may not need labor cert. But remember, I am not an expert. Get a lawyer's advice.
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
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jjava100
06-01 06:03 PM
Transaction ID: 3GC10092VD532590G
contributed $50
contributed $50
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grupak
06-25 10:38 AM
Please continue to call.
chitta123
02-08 04:08 PM
Thank you all for the quick and helpful replies.
My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.
So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.
Once again, all your replies were immensely helpful.
Thanks
My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.
So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.
Once again, all your replies were immensely helpful.
Thanks
more...
bfadlia
01-13 02:05 PM
my friend.. thanx for your kind words
u and ur non-retrogressed friend have my support for an expedited process since u got US advanced degree that make u better suited for this market.. u should be talking STEM.. i am talking about the disparity in available opportunities to come here back in our homelands. Individual examples aside, I trust statistics, you'll find that each year a handful of giant offshoring companies grab more than half the H1 quota.. is it my streotyping imagination that infosys, wipro and satyam don't hold job fairs in Romania and they only make these opportunities available in retrogressed countries? and don't give me the condescending excuse that if these companies only hire in retrogressed companies then talented, educated people must only exist in the retrogressed countries.
Anyway, i had this discussion many times here .. radical issue where people hardly change their minds..
peace..
Thank you. You seem like a rational person who is balanced in arguments. I can give you real life examples too. Let me start with that. In 2005 I and my friend from a non-retrogressed country graduated with a masters, same degree same specialization.
Now THAT is over-generalization. You think all of us Indians and Chinese get jobs as soon as we graduate in giant offshoring cos? My friend you're stereotyping. It is wrong to assume that we get our jobs because of our nationality and not our skills.
Anyway, continuing with my example. My friend and I both found jobs after a few months of struggle in small boutique consulting companies (run by Americans), mind you no offshoring. In fact my friend's sponsor is Indian, my sponsor is American!
Very subjective. My own example, none of my fellow-graduates were in the plight.
Yup. Standing your turn in line is fair. And that's what needs to change. EB visas are about skills and not nationality.
You need to quit stereotyping and being unfair to us by saying we get jobs because of our nationalities. Brother, you don't get degrees or jobs because you're Indian or Chinese, but because you add value.
u and ur non-retrogressed friend have my support for an expedited process since u got US advanced degree that make u better suited for this market.. u should be talking STEM.. i am talking about the disparity in available opportunities to come here back in our homelands. Individual examples aside, I trust statistics, you'll find that each year a handful of giant offshoring companies grab more than half the H1 quota.. is it my streotyping imagination that infosys, wipro and satyam don't hold job fairs in Romania and they only make these opportunities available in retrogressed countries? and don't give me the condescending excuse that if these companies only hire in retrogressed companies then talented, educated people must only exist in the retrogressed countries.
Anyway, i had this discussion many times here .. radical issue where people hardly change their minds..
peace..
Thank you. You seem like a rational person who is balanced in arguments. I can give you real life examples too. Let me start with that. In 2005 I and my friend from a non-retrogressed country graduated with a masters, same degree same specialization.
Now THAT is over-generalization. You think all of us Indians and Chinese get jobs as soon as we graduate in giant offshoring cos? My friend you're stereotyping. It is wrong to assume that we get our jobs because of our nationality and not our skills.
Anyway, continuing with my example. My friend and I both found jobs after a few months of struggle in small boutique consulting companies (run by Americans), mind you no offshoring. In fact my friend's sponsor is Indian, my sponsor is American!
Very subjective. My own example, none of my fellow-graduates were in the plight.
Yup. Standing your turn in line is fair. And that's what needs to change. EB visas are about skills and not nationality.
You need to quit stereotyping and being unfair to us by saying we get jobs because of our nationalities. Brother, you don't get degrees or jobs because you're Indian or Chinese, but because you add value.
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nrakkati
03-21 05:55 PM
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Thank you very much, gc28262.
That's exactly what I was looking for.
IV community has answered all my questions.
Special thanks to desi3933 and gc28262
I will update the thread once I submit the RFE.
Good Luck for All of YOU with your GC process.
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Thank you very much, gc28262.
That's exactly what I was looking for.
IV community has answered all my questions.
Special thanks to desi3933 and gc28262
I will update the thread once I submit the RFE.
Good Luck for All of YOU with your GC process.
more...
PD073102VA
03-19 10:49 PM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
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GCBy3000
07-06 02:06 PM
No one will be on our side other than ourselves. Why should others(US business, political, people) should be behind our goals. They do not have much to gain from it. Our voice will be heard, but will not be considered unless the so called others have some facts and figures. Those facts and figures should make them feel that their counrty would lose to competetors in near future. It will take time.
Get support from whom? The same corporations that want to outsource jobs to low cost countries AND also lobby for H1B increase, again to keep wages low and all this to increase their bottom line. We need to re think our strategy and get it straight as to who is on our side and who is not.
Get support from whom? The same corporations that want to outsource jobs to low cost countries AND also lobby for H1B increase, again to keep wages low and all this to increase their bottom line. We need to re think our strategy and get it straight as to who is on our side and who is not.
more...
looneytunezez
02-24 08:15 PM
Better late than never.....consider me IN.....
so what can be done?
so what can be done?
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Jaime
09-20 11:08 AM
Hello guys!
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
more...
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Nagireddi
07-14 06:19 PM
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
Does these levels matters, when it comes to adjudication. please anybody clarify my doubt?:confused:
Does these levels matters, when it comes to adjudication. please anybody clarify my doubt?:confused:
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nat23
09-25 01:25 PM
My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.
Regards
Nat
Regards
Nat
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NolaIndian32
04-28 04:42 PM
My contribution - $50
Check to IV placed in the mail today.
Check to IV placed in the mail today.
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coopheal
03-14 10:12 AM
It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.
Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406
http://www.murthy.com/news/n_analys.html
Transfer of the Earlier Priority Date : EB3 to New EB2
�MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
more...
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140jibjab
07-05 01:43 PM
com 'on. H4 process is known as Dependent Visa. You knew this before getting your "Babli" to the US. Let H4 prove the Credentials and Get H1 and then start seeing "Green".
Nobody asked you to get married :)
Nobody asked you to get married :)
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vin
09-21 07:07 PM
This question is not to undermine the effort, which was tremendous but just from a realistic point of view...
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
I'm just curious to know how long it will take (or rather how long we are prepared to wait) for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result ?
Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?
If the same question has been already raised, please ignore.
Thanks.
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Abhinaym
05-19 01:59 PM
Wish you guys the best. I'll try to be there.
poojaimmg
11-01 11:06 AM
I have filed my I-140 through company A and waiting for approval but now I want to get my H1-transfer to non-profit organization(company B). Can I do my H1 transfer to company B and keep my Green card process continue with company A. Also this company B is paying less salary then company A , will this effect my I-485
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
ash0210
11-08 09:37 AM
In Ohio, after 16 years Dems - Mr Strickland is elected. Wondering whether he is pro immigration or not.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I looked at his website, he do talks about Child welfare, Create schools that work for every child, creating jobs and further he says - "skills for high-quality jobs" and "create/attract jobs worthy of Ohio workers ".
Does it really mean he is "Pro- Immigration"? and whether its advisbile to contact him or its "TOO Early" to contact conressmans in your area?
Bit confused..needs decide our strategy...Does IV core team & Team members will help every individual on this "sensitive" issue?
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
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