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  • I have always been a supporter of Democrats. Because I believe in their philosophy. If I were a citizen, I probably would have even joined the Democratic party.

    However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.

    I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!

    The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.

    So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.

    I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.

    Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?

    I am sure the same thoughts have gone through many of your minds.

    I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!

    What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!

    The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.

    Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!



    On a side note -

    The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?

    A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.

    Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.

    I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.





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  • ok..My docs have been received by AO.



    AO? Adjudicating officer?

    Good luck, keep us posted.





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  • Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance





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  • I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?





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  • Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1





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  • It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.

    It is absolutely true...why is that all terrorists are muslims..something is wrong...





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  • I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.


    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.





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  • You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???





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  • its embarrasing to see a journalist fall down the hole like that. I dont think he realizes that he works at CNN and not at Fox. Nobody else spins it along with him. Wolf Blitzer and the rest dont pay any attention to him. Even during the election results night the only thing he was asked to do was ask a couple of senators for their impression on how the results were looking.

    The problem with Lou is that he goes on air every day and tells the American people that if they are having a miserable time or not saving enough money or their kids are not studying hard enough it is the fault of immigrants and corporations.

    If there is a "perceived" class divide, it is because there are certain segments of the society that live beyond their means, dont save up for a rainy day and are not vested in their financial future. If you want your kid to go to college you have to be with them, talk to them and work through their issues with them. It is always easy to blame someone that is of a different color or of a different background for your problems but it is not the solution.

    Outsourcing was an integral part of doing business in America even before India got involved. Ireland was the number 1 destination for outsourcing for years. They were never featured in the news. The thing is showing a bunch of indians sitting around and answeing calls has more shock value as compared to showing Irish people which would probably not register as it might seem like a call center right here in the US.

    What Lou doesnt get is that his hateful tirade has prejudiced the minds of whatever demographic that he caters to. This inturn leads to everyday issues that we as immigrants face; whether it is a coworker who keeps prodding us about how jobs are going overseas, bad customer service at a restaurant or at the grocery store and sometimes hate crimes where one of us gets our head bashed in.





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  • Why Ai Weiwei's case matters for the future of China on the world stage (http://blogs.telegraph.co.uk/news/peterfoster/100088312/why-ai-weiweis-case-matters-for-the-future-of-china-on-the-world-stage/) By Peter Foster | Telegraph

    There’s a perception in Britain that human rights issues in China are really just a hobby-horse of the liberal left, an issue that only bothers people who pay an annual subscription to Amnesty International.

    That’s a big mistake, because human rights – or more broadly, political reforms and good governance – are the fundamental key to China emerging this century as a developed and stable nation. Everyone has an interest in making that happen.

    A recent report from France’s INSEAD business school picked up by the Wall Street Journal traces the clear correlation between good governance (rule of law, property rights etc) and prosperity.

    Economically oligarchies and authoritarian states stall when they hit per-capital income levels of about USD$15,000 a per head. China is predicted to reach USD$8,300 this year, which means the time when these issues are starting to press is fast approaching.

    “Without reform, growth is not sustainable,” says Antonio Fatas, an economist at INSEAD and co-author of the study, “This has clear implications for China and other countries.”

    That’s why Jim O’Neill of Goldman Sachs, on a visit to China last week, said that his biggest worry for China was not near-term inflation, or asset bubbles or bad debts but the Communist Party’s long-term ability to adapt politically to a new world.

    Asked about risks to the ongoing China story, Mr O’Neill (the man who coined the BRICs acronym) cited inflation and rising protectionism in Washington as “small” risks, before sounding his note of real caution.

    “The third thing [risk to China], that’s much longer term; as Chinese people get wealthier, the Chinese central party machine has to adapt more and more to keep in synch with what Chinese people want, and that might be a real challenge,” he warned.

    That’s why Ai Weiwei’s case matters – not just as an individual human being (though he does) but also because his case is symptomatic of the failure of China’s ruling Communist Party to create credible political institutions in which the rest of the world can have faith.

    As Markus Loning, Germany’s human rights commissioner, said this week in Beijing. “It is not about a single case, but the rule of law. If we want to have development, it is important for people to claim that they are protected [by the law].”


    The world must speak up over the detention of Ai Weiwei (http://www.telegraph.co.uk/comment/columnists/borisjohnson/8515705/The-world-must-speak-up-over-the-detention-of-Ai-Weiwei.html) By Boris Johnson | Telegraph


    Australia's multilateralism fetish (http://www.lowyinterpreter.org/post/2011/05/18/Multilateralism-Time-to-rip-off-the-band-aid.aspx) By Michael Wesley | The Interpreter
    Will violence in Mexico impact immigrant pool in US? (http://www.csmonitor.com/World/Americas/Latin-America-Monitor/2011/0517/Will-violence-in-Mexico-impact-immigrant-pool-in-US) By Sara Miller Llana | The Christian Science Monitor
    Let us deport the bad guys
    Critics are wrong: The Secure Communities program works. (http://www.latimes.com/news/opinion/commentary/la-oe-baca-immigration-20110517,0,7647155.story)
    By Lee Baca | Los Angeles Times
    Hispanic Growth Shapes 2012 Race (http://online.wsj.com/article/SB10001424052748704281504576327200008543470.html) By GERALD F. SEIB | Wall Street Journal
    E-2 visa helps many non-U.S. citizens start small firms (http://www.latimes.com/business/la-fi-smallbiz-visa-20110516,0,7260673.story) By Cyndia Zwahlen | Los Angeles Times





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  • 245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

    Thanks UN





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  • The Seven Dwarfs are on a vacation in Europe and receive an audience with the Pope.
    As the oldest, Dopey serves as spokesman for his mates.
    Standing before the Pope, Dopey asks, "Your excellency, are there any dwarf
    nuns in Vatican City?"
    The Pope thinks for a moment and says, "No, Dopey, there are no dwarf nuns
    in Vatican City."
    This makes the other six dwarfs snicker.

    Dopey then asks, "Mr. Pope, are there any dwarf nuns in Europe?"
    "No," the Pope responds. "There are no dwarf nuns in Europe."
    Hearing this, the other six dwarfs fall to the floor, laughing and howling.

    Dopey looks at the Pope and says, "Sir, are there any dwarf nuns in the
    world?"
    "No, my son," the Pope says. "There are no dwarf nuns anywhere in the
    world."
    With this, the other six dwarfs began chanting, "Dopey made love to a
    penguin! Dopey made love to a penguin!"





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  • A little old lady goes to the doctor and says ...

    ..., "Doctor, I have this problem with gas, but it doesn't really bother me too much. They never smell and are always silent. As a matter of fact, I've farted at least 20 times since I've been here in your office. You didn't know I was farting because they don't smell and are silent."

    The doctor says, "I see. Here's a prescription. Take these pills 3 times a day for seven days and come back to see me next week."

    The next week the lady goes back. "Doctor," she says, "I don't know what the hell you gave me, but now my farts ... although still silent... stink terribly."

    The doctor says, "Good! Now that we've cleared up your sinuses, let's start working on your hearing."





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  • http://www.nytimes.com/2008/04/14/business/worldbusiness/14real.html?_r=2&ex=1365912000&en=5fc0b58ba0e5df8f&ei=5088&partner=rssnyt&emc=rss&oref=slogin&oref=slogin
    Now it is global.:D. India has started seeing decline too. After all a ponzi scheme is still a ponzi scheme wherever.

    Ok there you go, now you cannot buy a house in India and you don't want to buy one here. Neither here nor there, but then i do not play with emotions as someone had accused me, so I wish you happiness whereever you are.





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  • Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.





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  • what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.





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

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

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

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

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

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

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

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

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

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

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

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

    >>>>>No comments.

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

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

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





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  • When United Nations talks, I listen.

    And learn.

    I'll go back to listening now.

    Thanks,





    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.

    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored





    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?

    I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

    How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

    Now, we are in trouble and so stop finger pointing and give any good advise if you can.

    FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.



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