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  • Macaca
    12-20 08:01 AM
    Congress's Mixed Results (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902030.html) Democratic promises meet legislative reality, Dec 20, 2007

    FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.

    On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.

    Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.

    The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.

    Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.

    In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.

    Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.

    The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.

    Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.





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  • jkays94
    07-10 02:02 AM
    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)





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  • another one
    12-18 08:59 AM
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.


    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.





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  • apt7
    05-30 05:16 PM
    According to wikipedia the def of a consultant is..

    "The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

    Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.



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  • Macaca
    03-06 09:03 PM
    Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule (http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf) 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
    Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
    CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
    Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
    EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
    Damaris Del Valle, Law Clerk
    Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
    TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
    TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)

    PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
    Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
    AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
    Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
    I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
    Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)

    Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)





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  • unitednations
    03-25 07:10 PM
    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.

    sent.



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  • sledge_hammer
    12-17 03:13 PM
    I support the continuation of this thread! I support Marphad's views!





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  • sc3
    07-14 12:57 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.


    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.



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  • shantanup
    03-25 08:55 AM
    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.





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  • gjoe
    07-14 02:35 PM
    Looks like the situation in this thread is going to get from bad to worse.



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  • unitednations
    03-26 02:52 PM
    Where is this ace technology, and I wonder if it's a small firm...

    it wasn't a small firm.





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  • Macaca
    12-27 06:16 PM
    Of luxury cars and lowly tractors (http://www.thehindu.com/opinion/columns/sainath/article995828.ece) By P. SAINATH | The Hindu

    When businessmen from Aurangabad in the backward Marathwada region bought 150 Mercedes Benz luxury cars worth Rs. 65 crore at one go in October, it grabbed media attention. The top public sector bank, State Bank of India, offered the buyers loans of over Rs. 40 crore. �This,� says Devidas Tulzapurkar, president of the Aurangabad district bank employees association, �at an interest rate of 7 per cent.� A top SBI official said the bank was �proud to be part of this deal,� and would �continue to scout for similar deals in the future.�

    The value of the Mercedes deal equals the annual income of tens of thousands of rural Marathwada households. And countless farmers in Maharashtra struggle to get any loans from formal sources of credit. It took roughly a decade and tens of thousands of suicides before Indian farmers got loans at 7 per cent interest � many, in theory only. Prior to 2005, those who got any bank loans at all shelled out between 9 and 12 per cent. Several were forced to take non-agricultural loans at even higher rates of interest. Buy a Mercedes, pay 7 per cent interest. Buy a tractor, pay 12 per cent. The hallowed micro-finance institutions (MFIs) do worse. There, it's smaller sums at interest rates of between 24 and 36 per cent or higher.

    Starved of credit, peasants turned to moneylenders and other informal sources. Within 10 years from 1991, the number of Indian farm households in debt almost doubled from 26 per cent to 48.6 per cent. A crazy underestimate but an official number. Many policy-driven disasters hit farmers at the same time. Exploding input costs in the name of �market-based prices.' Crashing prices for their commercial crops, often rigged by powerful traders and corporations. Slashing of investment in agriculture. A credit squeeze as banks moved away from farm loans to fuelling upper middle class lifestyles. Within the many factors driving over two lakh farmers to suicide in 13 years, indebtedness and the credit squeeze rank high. (And MFIs are now among the squeezers).

    What remained of farm credit was hijacked. A devastating piece in The Hindu (Aug. 13) showed us how. Almost half the total �agricultural credit� in the State of Maharashtra in 2008 was disbursed not by rural banks but by urban and metro branches. Over 42 per cent of it in just Mumbai � stomping ground of large corporations rather than of small farmers.

    Even as the media celebrate our greatest car deal ever as a sign of �rural resurgence,� the subject of many media stories, comes the latest data of the National Crime Records Bureau. These show a sharp increase in farm suicides in 2009 with at least 17,368 farmers killing themselves in the year of �rural resurgence.� That's over 7 per cent higher than in 2008 and the worst numbers since 2004. This brings the total farm suicides since 1997 to 216,500. While all suicides have multiple causes, their strong concentration within regions and among cash crop farmers is an alarming and dismal trend.

    The NCRB, a wing of the Union Home Ministry, has been tracking farm suicide data since 1995. However, researchers mostly use their data from 1997 onwards. This is because the 1995 and 1996 data are incomplete. The system was new in 1995 and some big States such as Tamil Nadu and Rajasthan sent in no numbers at all that year. (In 2009, the two together saw over 1,900 farm suicides). By 1997, all States were reporting and the data are more complete.

    The NCRB data end at 2009 for now. But we can assume that 2010 has seen at least 16,000 farmers' suicides. (After all, the yearly average for the last six years is 17,104). Add this 16,000 to the total 2,16,500. Also add the incomplete 1995 and 1996 numbers � that is 24,449 suicides. This brings the 1995-2010 total to 2,56,949. Reflect on this figure a moment.

    It means over a quarter of a million Indian farmers have committed suicide since 1995. It means the largest wave of recorded suicides in human history has occurred in this country in the past 16 years. It means one-and-a-half million human beings, family members of those killing themselves, have been tormented by the tragedy. While millions more face the very problems that drove so many to suicide. It means farmers in thousands of villages have seen their neighbours take this incredibly sad way out. A way out that more and more will consider as despair grows and policies don't change. It means the heartlessness of the Indian elite is impossible to imagine, leave alone measure.

    Note that these numbers are gross underestimates to begin with. Several large groups of farmers are mostly excluded from local counts. Women, for instance. Social and other prejudice means that, most times, a woman farmer killing herself is counted as suicide � not as a farmer's suicide. Because the land is rarely in a woman's name.

    Then there is the plain fraud that some governments resort to. Maharashtra being the classic example. The government here has lied so many times that it contradicts itself thrice within a week. In May this year, for instance, three �official' estimates of farm suicides in the worst-hit Vidarbha region varied by 5,500 per cent. The lowest count being just six in four months (See �How to be an eligible suicide,� The Hindu, May 13, 2010).

    The NCRB figure for Maharashtra as a whole in 2009 is 2,872 farmers' suicides. So it remains the worst State for farm suicides for the tenth year running. The �decline' of 930 that this figure represents would be joyous if true. But no State has worked harder to falsify reality. For 13 years, the State has seen a nearly unrelenting rise. Suddenly, there's a drop of 436 and 930 in 2008 and 2009. How? For almost four years now, committees have functioned in Vidarbha's crisis districts to dismiss most suicides as �non-genuine.' What is truly frightening is the Maharashtra government's notion that fixing the numbers fixes the problem.

    Yet that problem is mounting. Perhaps the State most comparable to Maharashtra in terms of population is West Bengal. Though its population is less by a few million, it has more farmers. Both States have data for 15 years since 1995. Their farm suicide annual averages in three-five year periods starting then are revealing. Maharashtra's annual average goes up in each period. From 1,963 in the five years ending with 1999 to 3,647 by 2004. And scaling 3,858 by 2009. West Bengal's yearly average registers a gradual drop in each five-year period. From 1,454 in 1999 to 1,200 in 2004 to 1,014 by 2009. While it has more farmers, its farm suicide average for the past five years is less than a third of Maharashtra's. The latter's yearly average has almost doubled since 1999.

    The share of the Big 5 �suicide belt' States � Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh � remains close to two-thirds of all farm suicides. Sadly 18 of 28 States reported higher farm suicide numbers in 2009. In some the rise was negligible. In others, not. Tamil Nadu showed the biggest increase of all States, going from 512 in 2008 to 1060 in 2009. Karnataka clocked in second with a rise of 545. And Andhra Pradesh saw the third biggest rise � 309 more than in 2008. A few though did see a decline of some consequence in their farm suicide annual average figures for the last six years. Three � Karnataka, Kerala and West Bengal � saw their yearly average fall by over 350 in 2004-09 compared to the earlier seven years.

    Things will get worse if existing policies on agriculture don't change. Even States that have managed some decline across 13 years will be battered. Kerala, for instance, saw an annual average of 1,371 farm suicides between 1997 and 2003. From 2004-09, its annual average was 1016 � a drop of 355. Yet Kerala will suffer greatly in the near future. Its economy is the most globalised of any State. Most crops are cash crops. Any volatility in the global prices of coffee, pepper, tea, vanilla, cardamom or rubber will affect the State. Those prices are also hugely controlled at the global level by a few corporations.

    Already bludgeoned by the South Asian Free Trade Agreement (SAFTA), Kerala now has to contend with the one we've gotten into with ASEAN. And an FTA with the European Union is also in the offing. Kerala will pay the price. Even prior to 2004, the dumping of the so-called �Sri Lankan pepper� (mostly pepper from other countries brought in through Sri Lanka) ravaged the State. Now, we've created institutional frameworks for such dumping. Economist Professor K. Nagaraj, author of the biggest study of farm suicides in India, says: �The latest data show us that the agrarian crisis has not relented, not gone away.� The policies driving it have also not gone away.



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  • Berkeleybee
    05-17 01:31 PM
    My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?

    Qualified_trash,

    IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.

    As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.

    best,
    Berkeleybee





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  • xyzgc
    12-20 04:54 PM
    Everybody are blaming Bush for his failure in Iraq and Economy. But Bush had a big acheivement in his period. After 9/11 he successfully prevented Terrorist attacks. That was most important acheivement and that was overshadowed by other failures.

    Had it been Mr. Obama he would have done it no different post 9/11.
    What Obama should do differently is stop this policy of appeasing terrorist nations like Pakistan and use my tax money for this purpose...I don't mind contributing to rebuilding Iraq, you destroyed it for a reason (right or wrong) now have a moral responsibility to rebuild it, otherwise there is no difference between you and the terrorists.

    But I am dead against giving a dime of my money to Pakistan, unless I can rest assured that will not go to Lashkar-e-Taiba and other terrorist outfits - either directly or indirectly but will be used for economic progress.



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  • mrane1
    04-07 02:45 AM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!

    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?





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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002



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  • Macaca
    12-30 05:49 PM
    India-China Relations Negotiating a Balance (http://www.ipcs.org/pdf_file/issue/IB160-Banerjee-India-China.pdf) By Dipankar Banerjee | Institute of Peace and Conflict Studies.

    Now that Chinese Premier Wen Jiabao�s visit to India in Nov 2010 has ended, it is necessary to reflect on the nature of India-China relations and where it is headed. Kishore Mahbubani, the distinguished Asian thinker from Singapore, described India-China relations as, �the most important bilateral relationship of the 21st Century�. Indeed, historically, civilizationally, from the perspective of economic benefits to the region or from peace and security in Asia and the world; this is a relationship that is likely to shape the global future.

    There is no scope for mistakes. Two large nations that are simultaneously reemerging at a rapid pace, thus this relationship has to be based on carefully balanced enlightened self interests. To achieve this will call for delicate negotiations based on our respective genius, taking account of our differences, yet accommodating the genuine concerns and interests of both. It is important to be clear that tension and conflict, easy to generate in an atmosphere of fear and distrust, can do immense harm to all.

    HISTORICAL & CULTURAL LEGACIES

    Historically near neighbours, India and China had very little contact or understanding of each other. Two long but intermittent periods in early history may be considered as exceptions. One was the epoch of the Nalanda University in India, which flourished nearly two millennia ago and brought the world�s scholars to its gates. This was amongst the biggest confidence building measure in the history of Asia. The other was through the Great Silk Routes emanating from China with some branches passing through India and going to the world, enriching both countries. This was an early example of globalized commerce that benefited the entire then known world.

    The absence of recent contact failed to develop in India an understanding of the �Middle Kingdom�. On its part China has never quite grasped the importance of democracy, pluralism and diversity of India, which with all its imperfections, constitute the quintessence of the Indian state and its nationalism.

    Instead, our awareness of each other in modern times can be traced to the 19th Century, where it was coloured by colonial influences with their national interests firmly centred in European capitals. This brief interlude in history was the only period when neither India nor China was a leading nation in the world with neither in a position to shape its own destiny. Yet, it may be argued that spared outright conquest, Beijing secured its national interests somewhat better than Delhi. Many of today�s problems originate from that period, even though goodwill between both nations remained intact. Examples from India were Rabindranath Tagore and Dr Kotnis.

    In his highly controversial first visit to China in 1924 Tagore said at a lecture in Shanghai, �I want to win your heart, now that I am close to you, with the faith that is in me of a great future for you, and for Asia, when your country rises and gives expression to its own spirit -a future in the joy of which we shall all share.� Tagore visited China purely as a poet, yet his words set the tone and trend for India-China relations till the 1950�s. Premier Wen Jiabao hit the right note, when in his first engagement in Delhi in 2010 he visited a school named after Tagore and drew attention to the renewed attention in China today to his humanistic writings.

    Congress Party sent a small medical mission led by Dr Kotnis to help the Eighth Route Army in its War of Resistance in 1938. This team�s dedication and service to the People�s Liberation Army left a deep impression in the minds of the members of the Long March generation. This was the backdrop in which Nehru reached out to China in the 1950�s.

    A rude awakening to the Cold War realities of the 20th Century came about in the deteriorating relations in the end of 1950�s and to the 1962 War. The impact of this was different in the two countries. In China the average citizen had little knowledge of this War. They were in the grip of a totally controlled media. Besides, the population at large was grappling with life and death questions of the consequences of the Great Leap Forward. But, the impact in India was traumatic. Essentially it transformed in to a deep sense of betrayal at several levels, a sentiment that left deep scars.

    This contrast was reflected personally to me in June 1991 in many places in China where as a General Officer of the Indian Army and as the first Indian military guest of the PLA in over three decades, one was repeatedly accosted with the statement; �there are a thousand reasons why we should be friends and none at all why we should be enemies�. This was a sentiment that few would have shared in India at the time. As a first step in reconciliation we need to put this current history firmly behind us. This possibility was brought home to me personally through a brief encounter in Vietnam in the autumn of 2010. Shocked to see the utter devastation caused to innocent Vietnamese civilians in the most massive bombing in world history, in the deep underground bunkers north of Ho Chi Minh city, we asked if it was possible to forgive an enemy that caused these horrors. I was struck by the response of the young Vietnamese guide. He said; �If we were to hate the Americans, then how can we not also hate the French, the British, the Australians and the Chinese? We need to put history behind us if we hope to build a future�.

    Many would object to this idealistic approach to hard issues of national interests and they have a point. But, continuing with historic animosities is not the best foundation for national policy. In the realpolitik world of the 21st Century we will need to carefully craft a balance between our concerns and interests and evolve a cooperative relationship.

    THE NEED TO CHANGE MINDSETS

    The litany of issues between us is long and complex. A short paper such as this will only indicate broad approaches that India should adopt on some of the more important issues.

    The border issue easily heads any list and is also the most urgent. Even though no shot has been fired in anger across the Line of Actual Control since the last twenty six years, an unresolved border can no longer be �left to the next generation� to resolve. Already more than a generation has passed since Deng Xiaoping�s statement and this generation has not proved wiser. There is too much at stake today to pend this issue for long. Lingering problems tend to fester and often can be brought to light from hidden memories to buttress misgivings on other issues. Political sensitivity of this issue to both India and China however, has to be accepted and haste has to be made even if slowly.

    The fundamental reality about borders in the 21st Century is that none can be changed arbitrarily between two sovereign nations of some consequence without causing great destruction. Copious blood has already been shed over this border and today both nations have substantial nuclear weapons as well as conventional arms capability to persuade us to rule out this option. If that much is accepted, the only option that remains is a negotiated settlement. There is no doubt that each side should be prepared to make substantial compromises. But, the framework of a settlement has already been agreed in 2005 at Premier Wen�s last visit in 2005 under the Agreement on Political Parameters and Guiding Principles for the Settlement of the IndiaChina Boundary Question. This clearly rules out the possibility of exchanging populated areas.

    While there may be concerns today to make the borders porous, access to holy lands and pilgrimage places should have easy though controlled access. This will address so called claims based on religious sentiments. Fortunately most places along our common borders are uninhabited and hence minor changes in lines drawn on maps should have easier chance of acceptance.

    The question of the Kashmir border with China has caused recent concern in India. This need not really be the case. Once again on the Jammu & Kashmir question the position of both India and Pakistan has evolved. An exchange of territory, howsoever desirable to either side is not a realistic and even a desirable option. Hence converting the de-facto to de-jure is the issue between India and Pakistan. This will also have to be the option between India and China. This would require a leap of faith and bold political leadership.

    Admitted that such leaps are not the preferred options for realistic politicians aspiring to return to office a background of trust and friendship has to be created. Which in turn should be based on carefully crafted win-win situations for both. This is where other major approaches become important.





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  • Macaca
    05-02 05:38 PM
    Don't kowtow to China now (http://www.theaustralian.com.au/national-affairs/dont-kowtow-to-china-now/story-fn59niix-1226047967727) By Paul Dibb | The Australian

    PRIME Minister Julia Gillard's visit to China has confirmed important strategic priorities for Australia. She called for Australia and China to gradually increase their defence co-operation as a means to promote good relations and understanding of each other. She also talked about wanting to see increased military transparency by China.

    Defence Minister Stephen Smith says he has also made it very clear to his Chinese counterpart that Australia expects China to abide by, and conduct itself, in accordance with international norms, including the international law of the sea.

    Given China's military build-up and its more aggressive behaviour of late in the East and South China Seas, these are entirely legitimate strategic interests for Australia.

    While Gillard has made it plain that she does not support the idea of the US and its allies containing China, her strong support of the US alliance during her recent visit to Washington will not have gone unnoticed in Beijing. It was appropriate that the Australian PM first visit Japan and South Korea before going to China. The fact is that the US, Japan and South Korea are - like us - democracies and allies of America. China will never be our ally.

    None of this undermines the PM's objective of encouraging increased military co-operation and defence links. We have to understand what China intends to do with its military forces in future.

    These are non-trivial issues for Australia over the next two or three decades. Of course it is sensible policy to encourage Beijing to be a responsible emerging great power and to be closely engaged in the development of security and stability in the Asia-Pacific region.

    It is also good policy to engage China across the full range of our bilateral relationship - political, economic, defence, cultural and human rights.

    But as Beijing's power inevitably grows this suggests that in parallel with engagement we should also have a policy of hedging against a more belligerent China in future.

    The Australian defence white paper of May 2009 states that by 2030 China will be the strongest Asian military power by a considerable margin and that its military modernisation will be increasingly characterised by the development of power projection capabilities.

    As China becomes more powerful economically, it can be expected to develop more substantial military capabilities befitting its size. But, as the white paper notes, the pace, scope and structure of China's military modernisation have the potential to give its neighbours cause for concern.

    If China does not become more transparent, questions will inevitably arise about the purpose of its military development plans. Beijing is developing some quite impressive capabilities that will eventually make it more hazardous for the US and its allies to operate in China's maritime approaches with impunity. This is increasingly recognised to be the case by the US and Japan.

    In Australia, there have been some fantasies lately suggesting we should be able to develop forces capable of attacking China directly. That is dangerous and stupid. We can, however, aspire to building force elements - including submarines - that would contribute usefully to a US-led coalition force, which would include Japan and Australia.

    This is not to see China as the next inevitable enemy. Now and foreseeably it will not have the awesome military strength of the former Soviet Union. And Beijing has no experience whatsoever of prosecuting a modern war.

    China needs a basically peaceful strategic environment so that it can give priority to governing an increasingly restive population of 1.3 billion.

    China is not a country without weaknesses. We need to remember this before we conclude that China will continue to rise and rise and not experience serious hurdles.

    To take one example, the one-child policy has resulted in a rapidly ageing population.

    By 2014, China's working-age numbers will begin to decline and by 2040 some 30 per cent of China's population will be over 60 years old.

    This will inevitably have serious implications for economic growth rates, which are already predicted to decline to about 7 per cent a year compared with 10-12 per cent growth previously.

    There are many other political, economic, environmental and corruption problems facing China in the 21st century.

    We should be wary of straight line extrapolations that predict China's inevitable growth to a position of regional supremacy.

    There are other geopolitical factors at work.

    If China becomes more aggressive it will face a closing of the ranks in Asia. Already, its more confrontational stance over maritime disputes and its unquestioning support of North Korea has led Japan and South Korea to be more pro-American.

    While it is true that many countries in the region, including Australia, are increasingly dependent on China for our economic wellbeing, there is growing unease about China's military build-up and its increasingly aggressive attitude over its territorial claims.

    The fact is that China's only really close friends in Asia are North Korea, Burma and Pakistan. India will inevitably find itself uncomfortable with China's growing power and that is already the case with Vietnam. Other middle powers, such as Indonesia, will also have to take account of how a more assertive China conducts itself.

    We have two scenarios here. The first is a China that continues to focus on its economic wellbeing and which increasingly sees it in its interest to be part of building a co-operative regional security environment (what Beijing calls "a harmonious region"). The second scenario is the one we must hedge against: it involves a militarily stronger and more dangerous China.

    The jury is out on which direction China will take. It is not prudent at present to panic and to build forces supposedly capable of tearing an arm off China. Nor is it time to kowtow and acknowledge the inevitability of Chinese primacy accompanied by, as some would have it, the equally inevitable decline of a US fatally weakened by its current economic difficulties.

    Paul Dibb is emeritus professor of strategic studies at the Australian National University. In 1978, as deputy director of defence intelligence, he visited China to open up defence relations.


    Another kind of Chinese History (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3164&Itemid=206) By Mark O'Neill | Asia Sentinel





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  • addsf345
    12-18 02:35 PM
    :mad:Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    what he did is not surprising.

    Mohd. Azharudding also did it before.

    He was selected captain, after some of the worst historical defeats as a captain - he was still trusted to retain captainship by BCCI.

    However after years of captianship, when he was caught red-handed in match fixing scandal, he did not even wasted a moment to give a statement that he is being harrased in hindu india because he is a minority.:mad::mad:

    similary saif ali khan after having a hindu mother, hindu ex-wife, hindu girlfriend and a stardom and large number of hindu fans, did not wasted a moment but blamed hindus that being a muslim he is not able to buy a flat in mumbai.

    what do you expect from such mentality?





    chanduv23
    03-24 02:14 PM
    I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.

    Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.

    Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.

    In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.

    Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.

    USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.

    I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.

    If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.

    eb3 versus eb2
    permanent jobs versus consulting
    country quota, etc.

    The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.


    btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.

    Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.

    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.





    logiclife
    04-07 12:30 AM
    Guys,

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.