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  • This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

    Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
    Agree this thread should be closed and deleted.

    Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).





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  • UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!


    Just follow the law. There are lots of protections in it for us.





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  • 1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





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  • Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.





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  • Guys... Do not just look at individual rent vs. own comparision, have a bigger picture on the situation that we are in. I am tired of broker's "location..location...location" thing as well.. These things are way off the reality in this country..

    Historically, we all have seen that markets goes up and some times bubbles up, and goes down for a correction, some times south into recession.. .This is quiet natural to happen.. be it housing market or money market. We all know that Housing market needs a correction from those days where prices went up by $20,000 a month for several months without any control driven by easy credit, 0 down and stupid stated income policies.. Sure enough.. market started to correct itself after the credit become tight and lot of folks who jumped on to buy house at the top of peak went under water due to drop in the value of their homes... Here comes the obama housing rescue plan.. what are they trying to do here? trying to maintiain the bubble by encouraging more credit and spending.. working against natural correction of home prices towards south.

    Now lets look at whats happening around us and see if we will have returns on house as an investment.. (For those who are without GC, this becomes important).

    The gross domestic product (GDP) or gross domestic income (GDI) of US, a basic measure of an economy's economic performance, is about $13 Trillion per year as widely reported and boasted. Of that amount, approximately half, or $6.5 Trillion, is directly or indirectly related to government spending on the Federal, State, and Local levels.. :)

    Think about that for a second, about half of US current GDP is government spending? Does it sounds like developing nation? and due to job loss, loss of interest income, strained consumer keeps cutting back..the economy will contract further and eventually the goverment spending will be a major portion.

    US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now :D)

    Due to a struggling economy, primarily driven by consumers credit crunch, lower sales means, less revenue for government and they must borrow more money to keep the government machine spending and the economy rolling despite lower tax revenues.

    It was all good when Consumers and Government borrowed, as long as they could find someone to lend and collectively could spend. During the bubble, banks lent to consumers freely and foreigners lent to Government until banks and foreigners realized we simply borrowed too much slowed lending as it became much more difficult to service the debt. Now banks are not lending to consumers with less than best rating and the government is forcing banks to lend to consumers by loaning banks TAXPAYER money at 1/4% and the banks loan it right back to us at 4.5 yo 5.5% now. How about that? :D:D

    Due to lack of credit for non-government sector, of US economy...private sector is becoming much poorer much faster creating an imbalance in the society. Mathematically private sector going south will continue due to the very high leverage on the Private Side as more and more dwindling dollars are simply allocated to paying interest due to less revenues. With time a greater and greater percentage of a troubled economy will be directly consumed by rising interest payments resulting in less
    government spending which might lead us to an inflation, wages will never keep up with exploding commodity prices. Then only option remains Tax increases on those who earn :)
    Because, Right now a huge portion of government spending is feeding the poor, housing assistance, and providing medical care to the poor and elderly. Once the government bailout dry up, fewer and fewer will be able to borrow, work on and pay taxes in private sector, fewer and fewer will be able to pay taxes and the burden will rest on the shoulders of those that have something to offer...all what they have will not be enough to sustain a $13 Trillion dollar economy.

    With such a scenario, house prices cannot stay up at more than 4 times the desposible income of majority (middle class) population which remains at less than mere USD 30000. You can imagine now, what is going to happen if home prices does not correct itself due to government interfearance.

    Its an individual perspective to decide to buy home.. Do comment and throw out your ideas..

    You can find my analysis of housing market on link below (india vs. US) http://immigrationvoice.org/forum/showthread.php?p=285966#post285966





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  • When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

    Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:

    I partly disagree... I had worked in 6 different companies in India and in 3 companies, i had to work for more than 12 hours a day. What you are saying might be true for Maintenance projects, but it is definitely not true for development projects particularly when you working on a tight schedule...





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  • o.k. ..I guess it was the beer that I had made my post confusing. what I am saying is even now home prices are inflated ..see mariners post above. GC is the main hurdle and it will take around 1.5 years to get it ...I guess by that time prices would have corrected and that is when I would buy it.
    if I had got GC 1 year back ..would I have purchased it ..a big NO.
    last point ..even when I buy the house ..I wont think of it as an investment ..because we will never see those appreciations again ..look around, there is no shortage of land whatsoever.
    having a GC simplifies things as I have one less thing to worry about and I can then atleast start looking.
    on EAD ..I won't even waste gas to look around ..
    even in california ..as far as I know ..it is because of excessive regulation that the RE is so pricey ..as other countries and places in US open up and become innovation centres ..regulations would become less or else price appreciation would come down in california.
    BTW even I say it depends on one's situation ....some of my friends have extended families in US or their kids are grown up and they need space (some of them are renting their basements to a relative) ..in such cases it definitely makes sense to buy a house.
    if it makes u feel better ..in my view ..long term prices will go up ..at around 4% once the correction is done (2010or 2011). at the same time for e.g when prices in atlanta drop by 4.5 percent (as in last case S index) ..the real drop is 7% when you take inflation in account.
    one last example ..one of my batchmates in engg had purchased a house in san diego at the height of the bubble (750K) ..when I mentioned the bubble ..he said I don't care ..I like to live high or whatever ..now his house is in foreclosure

    Hello,

    Buying a house is good or bad based on your homework you've done or need to do. I did not buy a house until I was close to my EAD. However, a couple of my wife's friends purchased their 'home' even when they were on H1B. This happened in California where the house value is astronomically high when compared to other places (like Texas, Arizona, Virginia, Chicago, etc). They lived in their home for 3-4 years, still didn't get their GC, sold their house and collected a huge profit of $200K and moved to over Texas. This happened in early 2006. They took the risk which worked out well for them ...meaning they were constantly on projects.

    You gotta live in a place like CA to make reasonable profits. I am at present in VA, having bought a house there. I bought in Nov 2006 when real estate began to crash. As I speak I didn't make any equity. How much equity will I build in the next 2 years. This is anybody's guess ...maybe 10K or 20K, assuming real estate problems are bottoming out.





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  • You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.

    If anyone is really having issues - you may back up my post.





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  • My properties are in Woodside and Kew Gardens both in Queens, NYC. I have been fortunate as NYC is one of the best areas that kept its home value. I am certain this is not the case in 90% of the country but so far in NYC, the housing and renting market have only dropped slightly or remained stagnant in most areas here. In fact, some places are picking up again.

    I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.

    As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.

    As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.

    Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.

    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.





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  • "The great Athenian historian Thucydides, writing almost 2500 years ago, concluded that one reason a nation goes to war is a perception of waning power: act now because the future looks worse than the present. The scale of the assault on Gaza suggests that the Olmert government is validating Thucydides' analysis: embarking on the end game to crush Hamas before it gets stronger, and Israel's position gets weaker. As Thucydides also observed, though, nations taking this gamble tend to be poor judges of what the consequences will be."


    I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
    by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....

    Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
    " Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "

    so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
    They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"

    Well read Bible and other books and you will able to judge .....

    So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
    Please note that Jews killed Jesus. This fact do not go well with conservative

    War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...


    At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..


    At end GOD SAVE AMERICA.





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  • Guilty by Association (http://www.foreignpolicy.com/articles/2011/05/17/guilty_by_association) By RACHEL BEITARIE | Foreign Policy

    On a quiet block in western Beijing where otherwise only a few retirees can be seen walking their dogs or trimming their bushes, one building is under constant and conspicuous surveillance. A plainclothes policeman stands guard before an entranceway, while another keeps watch sitting inside a small cabin.

    The unlikely object of the Chinese state's attention in this instance is Liu Xia, a painter, poet, and photographer -- and the wife of Nobel Peace Prize laureate Liu Xiaobo. Guilty by association, she has been under house arrest, with almost no contact with the outside world, since November 2010, when her husband's award was announced. No one has heard from Liu since February, and her friends are increasingly worried about her health. Still, there is no sign that the authorities are planning to relent.

    Liu's arrest underscores a peculiar aspect to the recent Chinese crackdown on political dissidents that has seen the detention of dozens of prominent activists, intellectuals, and artists. Authorities are increasingly targeting not just critics of the ruling party, but their family members, including spouses, parents, and even young children. While the dissidents gain the headlines, their relatives are punished out of the spotlight. Though the wife of jailed artist Ai Weiwei was recently allowed a visit her husband, she could be next in line to lose her freedom.

    It's a punitive strategy that seeks to exploit Chinese traditions of filial piety. For China's dissidents, family is often both a source of strength and weakness: Chinese families tend to be close and highly involved in each other lives, and they take seriously the promise to stick together through thick and thin. The government, aware of these close ties, is using them to put more pressure on activists.

    It also bears echoes of the Cultural Revolution-era, when many Chinese families were torn apart as spouses and children were forced to denounce loved ones labeled by the authorities as capitalist traitors and were sometimes forced to take part in their public humiliation. Today's China is again making a policy of manipulating familial love and devotion to suppress any political challenges.

    "One of the more troubling trends we see in recent years has been for the government to more directly involve family members," observes Joshua Rosenzweig, a senior researcher at the Dui Hua Foundation, a U.S.-based organization dedicated to improving human rights in China. "We see surveillance, constant harassment, even extended house arrests. These all happened before, but now they have become routine" -- as in the case of Liu Xia. Rosenzweig adds, "Legal procedure has become irrelevant" in the Communist Party's quest to maintain stability. Under Chinese law, there is no procedure that allows for a person to be held indefinitely under house arrest without charges or a police investigation. "To put it simply, families are being held hostage," says Rosenzweig.

    Zeng Jinyan would concur. She has been under constant surveillance and subject to frequent house arrests ever since 2001, when she met her husband, AIDS activist Hu Jia, who is now serving a three-and-a-half-year sentence for "subversion of state power." Zeng was a student when they met, and she says she never imagined her life turning out the way it did. "I thought I'll graduate, find a job, and marry. I planned on a simple life and was hoping I could have enough time and money to travel the world," she tells me in a telephone interview. But she has since become an acclaimed activist in her own right, detailing her everyday life under the party's watchful eye on her blog and Twitter account. In 2007, Time magazine included her on its list of the world's 100 most influential people. Clearly, the regime's strategy backfired in this case.

    Most families, however, don't have nearly that kind of wherewithal. Take, for example, the family of Chen Guangcheng, a blind, self-taught lawyer from Shandong province who was imprisoned for four years for his work with disenfranchised villagers and woman forced to have abortions. After his release, he was forced to live in isolation in a Shandong village, together with his wife, Yuan Weijing, and their 6-year-old daughter. Yuan is denied almost all contact to the outside world, including to her son, who she sent away to be raised by relatives so that he can attend school. In February, the couple managed to smuggle a video out of the country in which they described their plight. They were reportedly beaten and denied medical treatment after the video was posted online.

    On the phone, Zeng describes the successive levels of pressure that the government applies to her: "First of all, there is worrying about [Hu's] safety. For some time, we didn't even know where he was and what kind of abuse he was suffering. I worry about his health, about his mental situation."

    "Then there is the question of making a living and sustaining some income as a de facto single mother," she continues. (Zeng's daughter is three-and-a-half years old. Her father was imprisoned shortly after she was born). "Because of constant police harassment, I could not get a good job or start a business. For a time, I couldn't even get a nanny for my child because when I hired one, the police would threaten her and scare her away."

    Zeng says the psychological warfare she faces is brutal. Between threats and detentions, she repeatedly has to deal with the innuendo from her surveillance teams and government-sponsored neighborhood committees, which suggest there were "high-positioned" men "interested" in her and imply that she could improve her situation greatly if only she would leave her partner.

    "All this is meant to isolate me from society and to break me down," Zeng concludes. "Sometimes it works. They planted deep trauma in my heart."

    Although Zeng has chosen to join her husband in dissenting against the government, picking up where Hu was forced to leave off when he was arrested for his activism, some relatives of dissidents prefer to keep quiet. Still others try to actively distance themselves from activism, sometimes going so far as to move to an entirely new city or even to file for divorce. That's what happened in the case of Yang Zili, a social commentator who was imprisoned for eight years in 2001 for organizing a discussion group on political issues. His wife at the time, Lu Kun, petitioned several times on his behalf, took care of his defense and finances, and visited prison when allowed, but eventually moved to the United States. The couple divorced after Yang was released in 2009. Yang says he understood her decision. "It is just too much pressure, being the wife of a dissident in China; it's a fate many prefer to avoid," he says. Still, Lu's choice also made Yang's life more difficult: the last couple of years of his prison term he was held in almost complete isolation, with no family visits at all.

    "Tactics are definitely designed to put pressure on those who contemplate political activism," Rosenzweig explains. "It is one thing to be willing to confront authorities or even go to jail, and another thing to know your family will suffer. This doesn't always deter everyone from speaking up, but it is a factor dissidents take into account." Liu Xiaobo, the Nobel laureate, referred to this factor in addressing his wife in a speech before the court that sentenced him -- after a speedy trial that Liu Xia was not allowed to attend -- to 11 years in prison: "Throughout all these years ... our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin.... My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight," Liu said.

    Wives (and in some cases husbands) are not the only ones who earn the attention of the state: Zeng's parents, who live in Fujian province, receive frequent police visits, while her in-laws in Beijing were put under house arrest several times. In another case, the elderly parents of an activist were threatened by the local police in their small town and were then rushed to Beijing so that they could pressure their son to stop his involvement in human rights organizations. A Shanghai lawyer, Li Tiantian, reported in February that her boyfriend was threatened that he'll be dismissed from his job on account of her activism. Li has since been taken into police custody.





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  • When (so called) indian leaders will learn from Isreali counterparts ??

    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.





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  • Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.





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  • Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".

    Didn't the truth finding commission found the real culprits in Sabarmati issue?

    Yes Nanavati commission found Madresa in Godhra was responsible!





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  • Friends,
    There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.





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  • I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2





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  • Pelosi's first year as House speaker marked by little change on war (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/23/MNOUU26C5.DTL&tsp=1) By Zachary Coile | SF Chronicle, Dec 23, 2007

    The last day of the House's 2007 session last week summed up the turbulence of Nancy Pelosi's history-making first year as House speaker.

    In the morning, she beamed a wide smile as she stood beside President Bush while he signed an energy bill with the first major increase in fuel economy standards in 30 years.

    But by Wednesday afternoon, her party was facing two of its biggest defeats. To keep the alternative minimum tax from hitting 20 million Americans next year, Democrats had to abandon their pledge not to pass any legislation that increased the deficit.

    Then Pelosi, whose party took control of Congress pledging to change course in Iraq, watched the House approve $70 billion in war funding, part of a budget deal that avoided a government shutdown. Members of her own party denounced it as a capitulation to the White House.

    "The war in Iraq is the biggest disappointment for us, the inability to stop the war," Pelosi told reporters in a group interview in her ceremonial office just hours before the war vote. She quickly pegged the blame on congressional Republicans.

    The Democrats' failure to shift the war's direction, their No. 1 priority for the year, has eclipsed many of the party's successes on other issues, including raising the minimum wage for the first time in a decade and passing the strongest ethics and lobbying reforms since Watergate.

    And Bush, despite his lame-duck status, outflanked Democrats in the end-of-year budget fight - forcing them to accept his number, $555 billion in domestic spending, and funding for Iraq - simply by refusing to yield.

    Asked about the setbacks last week, Pelosi, as she has all year, flashed her most optimistic smile and refused to be drawn into the criticism.

    "Almost everything we've done has been historic," she said.

    But if Pelosi is smiling, so are Republicans. They began the year defeated and demoralized. But they have since shown surprising unity, backing the president on the war and finding new purpose in blocking Democrats' spending initiatives.

    "We've stood up to them every step of the way," House Minority Leader John Boehner, R-Ohio, said last week.

    The tense mood among Democrats in the session's final weeks was a marked contrast from the festive first weeks of the new Congress, when Pelosi was sworn in as the nation's first female speaker, surrounded by children on the House floor. She promised to lead Congress in a new direction.

    Democrats took off on a legislative sprint in which they quickly approved their "Six for '06" agenda including raising the minimum wage, cutting interest rates on student loans, backing federally funded embryonic stem cell research, and revoking tax breaks for oil companies.

    But the bills bogged down in the Senate, where the Democrats' 51-49 majority is so thin it allowed Republicans to determine what would be passed. Democrats have struggled to get the 60 votes needed to overcome filibusters, which are now an almost daily experience in the Senate.

    "Pelosi suffered the same ailment that (former Republican House Speaker) Newt Gingrich suffered from when he became speaker: Senate-itis," said Norman Ornstein, a congressional scholar at the American Enterprise Institute. "A lot of what the House accomplished this year either sat in the Senate or got eviscerated by the Senate. What you are left with is not nearly as robust as what you started with."

    Even the energy bill, the Democrats' crowning achievement, was stripped of a broad tax package and a renewable electricity standard that would have pushed the nation toward wind and solar power. Still, the fuel economy piece alone is expected to save 2.3 million barrels of oil a day by 2020 - more than the United States currently imports from the Persian Gulf.

    Pelosi had to make some painful trade-offs. To get the minimum wage hike signed, Democrats had to attach it to a $120 billion war spending bill.

    Other elements of her agenda fell victim to Bush's veto pen. Congress twice passed a bill with bipartisan support to expand the state children's health insurance program to cover 4 million more children. Bush twice vetoed it, forcing Democrats to settle for an 18-month extension of the current program.

    Pelosi and her Senate counterpart, Majority Leader Harry Reid, D-Nev., held countless votes on war measures setting timetables for the withdrawal of U.S. troops and other restrictions on Bush's policy. But their strategy counted on Republicans switching sides - and very few did.

    "I didn't foresee that," Pelosi acknowledged. "We thought they would reflect the wishes and views of their constituents."

    Some critics called the assumption naive. Anti-war groups have urged her to use Congress' power of the purse to simply cut off funds for the war, but Pelosi opposes the move, which many Democrats fear would be seen as undermining the troops. Instead the party has pushed for a "responsible redeployment" - meaning funding the war, but with strings attached.

    In October, Pelosi's ally and the House's top appropriator, David Obey, D-Wis., said Democrats would draw a line in the sand: They would refuse to pass any more war funding without a timeline for withdrawal. But by last week, with the budget impasse threatening to shut down the government, Democrats dropped the strategy.

    Rep. Lynn Woolsey, D-Petaluma, a founding member of the Out of Iraq Caucus, said the Democrats' mistake was not to force the threat to deny funds earlier in the year.

    "I wish she could have been bolder," Woolsey said, while acknowledging that Pelosi had to mediate between competing views in the caucus. "If we had started that earlier, we could have built on it until it reached a crescendo, because it's what the American people want."

    The Democrats were left in a weak bargaining position at the end of the year. They needed to pass 11 spending bills, but Republicans and Bush demanded the $70 billion for the war in return. The president also held firm on his spending limits. If the impasse led to a government shutdown, Pelosi knew her party would receive much of the blame. So she agreed to the deal, with the concession that Democrats were able to preserve money for their priorities, including home heating aid for the poor and health care for veterans.

    "We made it very clear months ago we were not going to shut down the government," said Rep. George Miller, D-Martinez, one of Pelosi's top lieutenants. "Tragically, that put the president in the driver's seat."

    Miller said the fight over the war has obscured the progress Democrats made on other fronts, including cutting interest rates on loans for college students and passing a huge increase in veterans' benefits. He said Pelosi worked tirelessly to get the energy bill over the finish line.

    "At the beginning of the year, people said we had no chance of getting an energy bill," Miller said. "This was a tour de force for her."

    Pelosi also showed she was willing to buck some of her party's most powerful members to get her way. She went head-to-head with Rep. John Dingell, D-Mich., Detroit automakers' top ally, over raising fuel economy standards - and won. She pushed through an ethics reform bill that her friend Rep. John Murtha, D-Pa., called "total crap."

    "Some of her colleagues when they took back Congress said, 'That reform message worked to get us elected, but now it's our turn.' " Ornstein said. "That has not been her attitude and her approach, and I give her credit for that."

    Pelosi had clumsy moments, too. She pushed hard for a resolution denouncing Turkey's mass killings of Armenians during World War I as genocide, only to reverse course when it sparked a diplomatic fight, with Turkey threatening to reduce logistical support to U.S. troops in Iraq.

    Republicans say she has reneged on a promise to run a more open House. Following a pattern set by the GOP when it ran the House for 12 years, Democrats have often rammed bills through, giving Republicans few opportunities to amend them.

    "It's hard to work together when you're not even invited into the room," said Rep. Kay Granger, R-Texas.

    But Pelosi's supporters say Republicans haven't been willing to compromise and have mostly tried to block Democrats from racking up accomplishments.

    "The Republicans have frustrated us because they want to run a negative campaign saying the Democrats didn't accomplish anything," said Rep. Henry Waxman, D-Los Angeles.

    The bickering in Congress, over the war and other issues, has taken a toll. When Democrats took power, Congress had an approval rating of 35 percent, but it's since dipped into the low 20s, according to the Gallup poll.

    Pelosi is already crafting a strategy for next year, when the presidential race is likely to take some of the spotlight off Congress. With the war debate at an impasse, she's planning to push a series of measures on health care, the economy, the mortgage crisis and global warming.

    If Democrats can't win on these issues, at the very least they can draw sharp distinctions with Republicans leading up to the fall elections, she said.

    "One of the reasons we were able to be successful with the energy bill is that this is something we took to the American people," she said. "That is what we have to do next. We have to go public with many of these issues."





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  • 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.

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  • 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.





    I am not convinced with the whole systematic preadjudication logic at all. .

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.





    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.


    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?



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