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  • Someone gave me red in extremely bad language on my mother that I can not even copy and paste here. This is really bad. It you have guts come and talk to me. Don't write bad words on my back.

    I am not concerned about red, the language was worse than uncultured.

    I am really upset with the language. Admins can read the comment if they wish.

    People write bad words all the time.
    What to do? Its like a flu shot. You feel feverish for a while and then you are immune.

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  • His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.

    In any case we should counter his BS with facts and send it to CNN.

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  • If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

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  • Seriously? Yes.

    Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.

    Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.

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  • I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

    I know.

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  • Congressman, It's (Still) on Us: The Ethics Law's Many Loopholes (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081300980.html?hpid=topnews) By Jeffrey H. Birnbaum | Washington Post, August 14, 2007

    Activists on the reform side of the lobbying debate have been celebrating that Congress finally got around to passing an ethics bill. The question is: Should voters celebrate as well?

    Paul A. Miller, a former president of the American League of Lobbyists, thinks the hoorahs should be muted, and he has a point. The legislation bars lobbyists from providing meals and gifts to lawmakers, a provision long sought by the advocates of change as a way to keep well-heeled interests from buying their way into the hearts of decision-makers.

    But Miller and others point out that the ban is full of loopholes. The largest of the gaps, Miller said, could end up worsening the public's perception that lawmakers are for sale.

    If lobbyists are prevented from buying meals for lawmakers for lobbying purposes, he noted, lobbyists will almost certainly make up for the loss by boosting the number of meals they buy lawmakers as part of campaign fundraising events.

    And believe it or not, they will be perfectly able to do so. Lobbying laws are separate from campaign finance laws, and the new ban on meals and gifts applies only to lobbying laws. That means the legislation does not rein in fundraising events, so lobbyists and their clients will still be able to buy food and entertainment for lawmakers at those events.

    Hence the following perversity: Lobbyists will not be able to pick up the check for members of Congress unless they also hand the lawmakers a check to help their reelections.

    "Lobbyists will move lunches and dinners to the campaign side of things," Miller predicts. "They will increasingly get members of Congress for an hour or so to give them a campaign check; that's a better deal for the lobbyists and will also make it more likely for corruption to happen."

    Jan W. Baran, the campaign finance expert at the law firm Wiley Rein, finds it hard to imagine that lawmakers can schedule more fundraisers than they already do. But he does think there will continue to be plenty of lobbyist-financed partying thanks to the nearly two dozen exceptions to the meal-and-gift ban.

    Baran said that members of Congress will be able to accept invitations from lobbyists to events that are widely attended, including receptions and charity golf tournaments. Lobbyists will also still be allowed to underwrite visits by lawmakers if they have some official or ceremonial role. Members of Congress generally cannot accept tickets to sporting events from lobbyists. But they can be comped to a baseball game if they throw out the first pitch, to a football game if they toss the opening coin or to a NASCAR race if they wave the checkered flag. That's nice work if you can get it, and you can bet there'll be a lot more of it available soon.

    Interest groups are also expressing concern about another feature of the legislation. The provision would require more disclosure by organizations about who is paying for and actively participating in the lobbying activities of coalitions and trade groups. At the moment, most of that information is proprietary and protected by Supreme Court decisions that shield the members of many kinds of groups. Organizations are worried that they might, for the first time, have to disclose who their top members are.

    But they probably need not worry. Ways are always found to get around laws like this one. "The balloon will be pressed, and the air will come out another way," said Kenneth A. Gross, a lawyer at Skadden, Arps, Slate, Meagher & Flom.

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  • I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

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  • I agree with all the posters here. I also went ahead and bought the house while on H1B. Me and my family are really happy with our decision.

    I got 100% loan (80-20) with no PMI. both 30yrs fixed. You can try with Mortgage agents who would do better deal initially and may transfer loan to big companies later. I got it at 5.7% first and 7% second last year.
    Best of luck on your new Home(Lifestyle)!

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  • We are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.

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  • cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee

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  • I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)

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  • UN,
    Does that mean that I should maybe wait a month more to see if my h1 extension approval notice arrives else just premium process it, since the I94 expired in april 2007.

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  • As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

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  • America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.

    Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial

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  • if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.

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  • Yewwwww. Stupid morons get to run the show on CNN who consider guest worker program for Illegal Aliens and H1B the same.

    I dont understand why USCIS has to release data to a random attorney guy.
    Why the hell doesnt he know how many H1B's are being issued every year? Is this attorney guy sleeping or what? 65K and they are gone on May26th 2006Huh?

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  • Obviously you pissed of lot of people. So what is you plan? How would you approach this. Please explain the steps including your source of funding...

    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.


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  • Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.

    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.

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  • alisa,
    It looks very funny when I heard word " Non-state actor" by President Zardari.
    When world is asking Pakistan government about Mumbai terror attack with a solid proof that terrorist were came from Pakistan, trained in Pakistan, and plot was masterminded in Pakistan, Mr Zardari says they are non-state actors!!!
    When Indian government ask Pakistan to hand over all culprits (so called non-state actor as per Zardari), Pakistan government reply is " We can not hand over Pakistani citizens to other country. They will be bring to justice per Pakistani law"

    I am not sure what the confusion is.
    The Bombay gunmen were non-state actors because they were not sent by the government of Pakistan.
    And I understand that Pakistan is not handing over anyone because it says that India gave it a list of the 'usual suspects'. Besides, I am not sure what kind of extradition treaty is there between India and Pakistan.

    See this too:
    See where it says:
    In recent years, Lashkar and other groups have turned to waging global violence against largely civilian targets, putting Pakistan under rising pressure from its allies and complicating peace negotiations with India. The groups also are striking targets within Pakistan. They have become, said the ISI official, "a monster we've created that we can't put back in the box."

    If they are non-state actors, why Pakistan government is not handing over them to India?

    Whole world is convinced but Pakistan government is still want proofs!!! Pakistan is exposed to the world for continuously keep on denying and lying. Pakistan government is not at all serious to act on terror culprits. Azar Masood was released by Indian government at the time of Indian Airlines plane hijack in 1999. If Pakistan is even 1% serious, they would have taken action against him. He is openly moving across Pakistan and hundred time he address public gathering.

    I think the world has changed since 1999. Pakistan has changed since then. There were activities that were undertaken in the past, and in those activities Masood Azhars were involved. India is asking for Masood Azhars after Bombay.

    Personally I think that all the Masood Azhars should be rounded up and made to disappear from the planet. There is no good that can come out of them.

    The real looser are small intelligent and rational educated group of Pakistan. World is detaching Pakistan and whole Muslim community. The days are not far that Pakistan is going to declare "Terrorist Sponsoring State" by the world. Alisa, you image, how much damage would be in this case!!

    I know.
    That is the major battle in Pakistan right now. Between the dinosaurs that live in the past, and the intelligent life that wants to move forward. Tensions between India and Pakistan only help the dinos.

    Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.

    India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.

    The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.

    Wrong. First iraq war is not war against terrorist.
    Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
    Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
    I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.

    Awesome piece of advice..I've got to meet ya!!

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