יום ראשון, 3 ביולי 2011

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  • snathan
    09-27 11:35 AM
    What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.




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  • mirage
    08-05 07:34 AM
    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...




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  • unitednations
    08-02 12:50 PM
    Thanks UN


    245i is a good example of correct intention but poor execution.

    It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.

    it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).

    Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.

    I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.

    Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.

    California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.




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  • Macaca
    12-28 06:29 PM
    China's Sudan Predicament (http://www.huffingtonpost.com/joe-lauria/chinas-sudan-predicament_b_801655.html) By Joe Lauria | Huffington Post

    The age of ideology in China may soon be ending. Caught between its longstanding opposition to independence movements worldwide and its expanding economic interests, Beijing finds itself remarkably choosing to court a separatist government in south Sudan.

    The south is scheduled to vote on January 9 on independence from Khartoum after 43 years of civil war that left more than 2 million people dead. The referendum is still uncertain amid fears of a new war. But if the vote goes ahead, the south is overwhelmingly expected to break the continent's biggest nation in two.

    China has long had substantial investments in all of Sudan, the most of any foreign country. It has a 40% stake in the oil industry and 60% of Sudan's oil is exported to China. To protect those interests Beijing has supported Khartoum in the U.N. Security Council over separatist movements in Darfur and, until recently, in the south.

    That was consistent with China's opposition at the U.N. to separatist movements elsewhere in the world, such as in Kosovo and East Timor. The aim has been to give no encouragement to Taiwan and its own restive minorities in Tibet and Xinjiang. Those independence movements are watching what China does abroad. Taiwan, notably, was among the first countries to recognize Kosovo.

    Until early this year, China steadfastly opposed southern independence in Sudan too. But China saw the writing on the wall in Juba and was faced with a choice: either risk emboldening its domestic independence movements or its oil investments in the south, where 80% of the country's petroleum is found.

    "Khartoum had insisted that they alone were the interlocutor on oil for a long time and the Chinese respected that," said Fabienne Hara, an Africa specialist at the Brussels-based International Crisis Group. Khartoum awarded China's four oil concessions. But by 2007 the south Sudanese realized they needed China if they were to become independent and the Chinese realized they might soon need an independent south Sudan too, if the oil went with it. "It is pragmatism. I don't think anyone believes that the referendum process can be stopped," Hara said.

    China opened a consulate in Juba, the south's capital, a normally unusual move for Beijing in a place that wants to break away. Chinese Communist Party officials routinely visit the south. Southern leader Salva Kiir has twice visited China.

    But Beijing must walk a fine line between courting the south and not alienating the north. It still has major business there, including arms sales and infrastructure projects. Li Baodong, China's U.N. ambassador, told me that Beijing is clearly trying to stay on good terms with both sides.

    "We respect the sovereignty and territorial integrity of this country, any argument amongst themselves, that's their internal affairs and we are not getting into it," Li said. "Whatever the choice the people make, we will respect that."

    Oil revenue is currently shared 50-50 between north and south under the 2005 peace deal that set up the referendum. It is pumped from the south through the north in a 1,000-mile Chinese-financed pipeline to a Chinese-built refinery in Port Sudan on the Red Sea, where it is shipped.

    How to share this oil in an independent south Sudan is still one of the trickiest questions the two sides, under the mediation of Thabo Mbeki, are trying to work out. Other issues under discussion are the border, sharing water and what to do with Abeyi. Sudanese President Omar al-Bashir warned of war if these issues aren't worked out by Jan. 9.

    The south would likely enrage Khartoum if it were to find a way to get the oil out bypassing the north altogether. With Chinese help, this may one day happen.

    Kenyan officials have been studying a pipeline and refinery project from south Sudan to the port of Lamu on the Indian Ocean coast. The Kenyan Transport Ministry has sought bids for the project. According to China Daily, Kenyan President Mwai Kibaki and Chinese President Hu Jintao discussed China's commitment to build the $16 billion project last May in Shanghai. China is conducting a feasibility study, according to Kenyan media.

    I asked Ali Karti, the Sudanese foreign minister, about how his government would react to such a project. "We have our own oil," he said, adding, "That project will never be built."

    Adopting a Western business mentality, in which profit and economic growth are often the only tenets, has launched China into a head-on collision with some of its traditional policies, said Dru Gladney, an expert on Chinese minorities at Pomona College in California.

    China has always portrayed itself as a leader of developing countries, but its own rapid development has changed its relationship with the developing world, he said. "Encouraging a so-called separatist movement is one that is going to complicate that position very much," he said.

    "It is a delicate issue for China. It is a very important development that China is seriously considering going against its 50-year long policy of non-intervention," Gladney told me.

    China has apparently calculated that it can suppress its own separatists while courting separatists in Sudan, he said. "Chinese separatists are going to recognize that China first and foremost is very pragmatic, that its development and national self-interest is clearly taking precedence over ideology in China today."

    "They may take some encouragement from it, but I don't think they really will take it that China is changing its position on separatism, especially within China," Gladney said.

    He expects Beijing to crack down on separatists at home while making deals with them abroad. "It's whichever cat catches mice and in this case the cat that supports a separatist, Christian group will catch more mice for China," Gladney said.



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  • qasleuth
    03-25 04:05 PM
    Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .


    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.




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  • puddonhead
    06-05 01:32 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.



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  • hopefulgc
    07-13 12:58 PM
    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.




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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?



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  • delax
    07-13 07:56 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!




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  • Macaca
    05-11 05:34 PM
    Catching Scent of Revolution, China Moves to Snip Jasmine (http://www.nytimes.com/2011/05/11/world/asia/11jasmine.html) By ANDREW JACOBS and JONATHAN ANSFIELD | New York Times

    Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.

    Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.

    Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.

    Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.

    Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.

    Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�

    Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.

    Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)

    Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.

    In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.

    Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.

    Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.

    As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.

    Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:

    A beautiful jasmine flower,

    A beautiful jasmine flower,

    Perfumed blossoms fill the branch,

    Fragrant and white for everyone�s delight.

    Let me come and pick a blossom

    To give to someone,

    Jasmine flower, oh jasmine flower.



    US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
    Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
    A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
    China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
    Fire and Ice
    Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
    By Jed Perl | The New Republic
    The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
    Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
    A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times



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  • Beemar
    12-27 03:25 PM
    Pakistan is increasing behaving like a psychopath who is suicidal and homicidal at the same time. Terror attacks like Mumbai are really a desperate cry for help. You know, like, stop me or I will do this again! Stop me before I hurt myself!

    It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..

    The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.




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  • puddonhead
    06-26 10:38 PM
    Home size may be smaller, but the land (plot) also got smaller...

    So the point is that it is pointless to compare median home prices.

    If you want to do the comparison - Case Shiller is a better bet. It tracks the sale prices of the same homes. Wiki link (http://en.wikipedia.org/wiki/Case-Shiller_index)

    Case Shiller Index in
    1987: 62.03
    2006 Q2 (Peak of the bubble): 189.93

    Increase - 306% over 20 years - i.e. 4.5% compounded (assuming annual compounding - less with contineous compounding).

    Compare that with other investment vehicles (e.g. the stock index) - and tell me who would have more net worth - the one who invested in a house or the one who kept investing every month in the stock market.



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  • Macaca
    12-27 06:39 PM
    Onions vs. Corruption on the Outrage Scale (http://blogs.wsj.com/indiarealtime/2010/12/27/onions-vs-corruption-on-the-outrage-scale/) By Rupa Subramanya Dehejia | IndiaRealTime

    Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?

    Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.

    While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�

    At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?

    Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�

    This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.

    So what�s going on?

    One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.

    The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.

    Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.

    A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.

    The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.

    Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.

    Do you agree? Share your thoughts in the Comments section.




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  • manub
    07-07 07:45 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.



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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.




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  • redcard
    03-24 04:28 PM
    You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.

    In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.

    Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.

    Just take at a look at these advertisments ..

    http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
    http://www.indianscholar.com/Forums/showthread.php?p=344
    http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/

    I can bet this vipul or shilpa will "bench" the minute you are out of project,,



    more...

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  • alisa
    12-30 11:34 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.

    I never suggested they Bombay and Balochistan were morally equivalent.

    At some point in this thread, someone suggested that India should try to destabilize Pakistan by supporting insurgent and militant groups in Pakistan. And I had merely suggested that Pakistan already suspects India of doing that. And that there is probably some truth in it. And Pakistan supports insurgent groups in India.
    Or at least, both countries keep their 'options' open by maintaining contacts with the insurgent in the other countries.
    That is the vicious cycle.

    As far as Bombay is concerned, I have said it before that I believe that that was an attempt to provoke India, so that the Pakistan army can be diverted to the Eastern front, and the Taalibaan/militants get some relief.

    I think the Indian think tanks think that the Pakistan army was behind it. I think that the Taalibaans/Jihadists were behind it. It will be very hard to prove it one way or the other.

    And war would be a disaster; like jumping from the frying pan into the fire. What amazes me is the capacity of the human mind to give in to irrationality, and vigorously advocate jumping from the frying pan into the fire.




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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819




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  • gcseeker2002
    12-27 10:49 PM
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    >>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    >>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    >>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    >>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    >>>>>They are already united, it is Indians who are divided.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    >>>>>No comments.

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    War is bad but required to quell bad people, some people just dont get it the soft way.




    Gravitation
    03-25 01:25 PM
    Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:

    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month

    Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.

    If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.


    2. I hear about tax rebate for homeowners. But what about property tax?

    Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.


    3. What about mortgage insurance payments?

    You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.


    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.


    Profit/Loss is not what the primary residence is for.


    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.


    You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.


    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
    Yes, if you're planning to go back... don't buy.




    chanduv23
    03-25 01:48 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D



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