среда, 29 июня 2011 г.

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  • willwin
    07-13 12:38 PM
    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.

    Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!




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  • axp817
    03-25 01:59 PM
    If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.

    No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.

    And I know you were just joking, tee hee.




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  • Macaca
    05-30 05:31 PM
    In China, Crime Is Kept Quiet, Except on TV
    The country remains safe by Western standards, but crime is more common and data are scarce (http://online.wsj.com/article/SB10001424052702304520804576349181022278452.html)
    By JAMES T. AREDDY | Wall Street Journal

    Last June, hours after her students went home, Sunny Shi, the principal at a kindergarten in Shanghai's Pudong district, was bludgeoned to death in her office. The suspect was another school employee.

    Officially, it was as if the murder never happened. Not a word was reported publicly by Shanghai police or local media. As talk circulated among parents, the school's administrators offered trauma counseling but requested their silence. "Now the case is under police investigation," the chief administrator said by email, and "we regret that we cannot provide any details."

    The treatment of this case was not unusual. All across China, authorities are thought to hush up episodes like Ms. Shi's killing, which explains in large part why no one knows how much crime occurs in the world's most populous nation. But few doubt that crime is increasing as economic growth divides rich from poor and China permits more personal mobility.

    "In the era of Mao, China was known as a virtually crime-free society," says Steven F. Messner, a University of Albany sociology professor who studies criminality. "To get rich is glorious" is the philosophy today, he added, "but there would be a darker side in terms of crime."

    China's national crime statistics show a sharp escalation in cases over the past decade, led in particular by non-violent larceny, like bicycle theft and purse snatching. But, as in the U.S., the official numbers also point to steep declines in violent crime, with the murder rate dropping by half between 2000 and 2009.

    Experts consider China's crime statistics both problematic and politicized. They also generally agree that the country remains safe by Western standards. Dark streets don't imply danger here.

    Evidence abounds, however, that the Communist Party leadership's ideal of a "harmonious society" remains a target, not the reality. In China's growing cities, aluminum bars over windows and doors make most apartments resemble jails. Homeowners are snapping up security devices like cameras and alarms.

    Anxious about kidnapping, China's newly wealthy often drive bullet-proof Land Rovers and hire kung fu masters from Shaolin Temple as security agents.

    Television contributes a fear factor with real-crime shows modeled on "America's Most Wanted" and "Cops." China Central Television says its law-and-order channel grabs more viewers than its sports stations. Every day, CCTV's one-hour documentary "Legal Report" follows detectives as they crack sensational abduction, extortion and robbery cases.

    Its coverage of a spate of apparently random attacks on seven women this year in Hebei province, for instance, featured the nighttime capture of 23-year-old Zhang Yunshuai. His foldable knife decorated with a butterfly was shown as evidence. He was led to a subsequent interview wearing a reflective orange prison vest and cuffed at the wrists and ankles, where he tilted his shaved head and muttered, "because women break my heart."

    Shorter installments drew on security cameras that captured a thief shielding his pilfering hand beneath a menu in a crowded Beijing restaurant and thugs casing hotel lobbies for handbags.

    On these true-life crime shows, "the man" consistently finds his perp. A popular notion holds that the censors permit these shows about China's criminal underworld because they allow the leadership to demonstrate how the pervasive surveillance of the government equates to swift justice.

    Canadian Debra O'Brien got an up-close look at China's criminal justice system after her 22-year-old daughter Diana was stabbed to death three years ago in Shanghai, a bombshell case just weeks before the start of the 2008 Olympics. Authorities quickly won a confession from Chen Jun, a penniless 18-year-old migrant from rural Anhui province. Mr. Chen admitted he struggled with the aspiring model during his bungled attempt to burgle her apartment, located steps from a tea shop that recently fired him.

    Ms. O'Brien left impressed. She received extensive briefings by senior police and personal copies of forensic photos. The judge even sought her opinion about a death sentence for Mr. Chen. She had a face-to-face with the apologetic killer.

    "It was all shocking and horrific, but everything was done really respectfully and transparently," Ms. O'Brien said by telephone. "You don't feel there is a lot of ego going on. People are doing their jobs."

    But the public wasn't offered many details. Ms. O'Brien herself admits she isn't sure of what happened to Mr. Chen but believes he became eligible for release two months ago. Mr. Chen's lawyer says he is serving life.

    Pi Yijun, a professor of criminal justice at China University of Political Science and Law in Beijing, says that he sees crime rising and getting more violent, which he attributes to anger and frustration among society's have-nots. "The accepted mindset seems, 'fists are more powerful than reason,'" he said.

    But in a rare 2004 survey of crime victimization, centered on the northern city Tianjin, the University of Albany's Mr. Messner found that few people were touched personally by crimes worse than a stolen bicycle. He credits traditional features of Chinese society. "You still have a much more communitarian orientation than the extreme individualism you see in the U.S.," he said.



    China Clamps Down in Bid to Halt Protests in Inner Mongolia (http://online.wsj.com/article/SB10001424052702304563104576353353518093630.html) By BRIAN SPEGELE | Wall Street Journal
    China tries to avert Inner Mongolia protests (http://www.latimes.com/news/nationworld/world/la-fg-china-mongolia-protests-20110530,0,3895402.story) By Barbara Demick | Los Angeles Times
    The China Story Darkens (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3223&Itemid=422) By Philip Bowring | Asia Sentinel
    Once Again, U.S. Finds China Isn�t Manipulating Its Currency (http://www.nytimes.com/2011/05/28/business/global/28currency.html) By BINYAMIN APPELBAUM | The New York Times




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  • ArkBird
    01-06 05:32 PM
    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.


    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.



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  • Macaca
    07-28 07:43 AM
    Democratic Leaders Agree on Overhaul of Lobbying (http://www.nytimes.com/2007/07/28/washington/28lobby.html?hp) By CARL HULSE New York Times, July 28, 2007

    WASHINGTON, July 27 � Congressional Democrats reached tentative agreement Friday night on a major overhaul of lobbying rules that would for the first time require lawmakers to identify lobbyists who assemble multiple donations and turn them over to candidates.

    The disclosure of what is known in political circles as bundling would be a central element of the first major changes made in lobbying rules in the aftermath of the Jack Abramoff scandal and other Congressional corruption cases tied to lobbying.

    Democrats, who intend to push the changes through Congress next week, say the bundling disclosure requirement and a number of other changes would shed new light on the relationship between lawmakers and those who seek to sway them on legislation.

    �This rewrites the rules as it relates to lobbyists and their influence on Washington,� said Representative Rahm Emanuel of Illinois, chairman of the Democratic Caucus and an advocate for the changes.

    Democrats, who campaigned against what they called a �culture of corruption� in taking control of the House and Senate last year, are eager to finish the package next week as part of their drive to counter Republican accusations that Democrats are making little legislative headway.

    Negotiators for the House and Senate Democratic leadership engaged in talks throughout the day Friday in an effort to reach final agreement on the long-delayed bill. They hit a last-minute snag over the level of bundled donations that would set off disclosure by the House and Senate campaign committees.

    But officials familiar with the talks said that point appeared to be resolved in an evening phone call between Speaker Nancy Pelosi and Senator Harry Reid of Nevada, the majority leader, putting a deal in place.

    �We have reached an agreement,� said Representative Chris Van Hollen of Maryland, chairman of the Democratic Congressional Campaign Committee.

    There are other potential obstacles. The details had yet to be presented to the Democratic rank and file in the House and Senate. But officials said they were confident the tentative agreement would hold, and a spokesman for Ms. Pelosi said he expected the legislation to reach the House floor as early as Tuesday.

    �We are committed to lobbying reform and we are committed to operating Congress in an open and transparent manner, and we will live up to our commitment,� said Brendan Daly of the speaker�s office.

    Because of objections by one Republican senator, the House and Senate were not engaged in formal, bipartisan negotiations, and Republican leaders said Friday they were unaware of the details of the emerging agreement and could make no judgment. But Senator Mitch McConnell of Kentucky, the Republican leader, said repeatedly this week that Republicans were leaning toward support of the measure.

    The tentative proposal puts new requirements on lobbyists as well as on lawmakers, and orders disclosure of contributions that have become alternative ways to curry favor with politicians by giving to entities like favored charities, special awards and honors and presidential library funds. Lobbyists would also have to disclose at least twice a year if they paid for meetings or retreats.

    The measure would set a one-year ban on lobbying for former House members and senior staff members, and two years in the Senate. New restrictions would be put on lobbying by spouses, and lobbyists would be required to disclose any previous experience in the executive or legislative branches.

    Politicians would be banned from trying to pressure firms and associations to hire certain lobbyists based on partisan background � the so-called Republican K-Street project. Lawmakers and top aides would have to recuse themselves from issues where there could be a conflict because of negotiations for future employment, and such negotiations would have to be disclosed within three business days. New public databases would be established of lobbyists� disclosures as well as of lawmaker travel and personal financial data. Penalties for violations would be increased.

    Watchdog groups that have pressed for the changes were awaiting the details. �I am very hopeful about this legislation, but the final statutory language still has to be seen,� said Fred Wertheimer, president of Democracy 21.

    Bundling became a focus after critics complained it was a back-door way for some lobbyists to ingratiate themselves with Congressional candidates by collecting a series of legal donations from others and then getting credit for delivering the cumulative amount and saving the politician the effort.

    Under the tentative proposal, Congressional contenders and the respective campaign committees would be required to notify the Federal Election Commission once one individual had delivered more than $15,000 in contributions within six months or $30,000 in one year.

    The plan initially approved by the House had put the responsibility for disclosing the bundling on the lobbyist. But in the talks, Senate Democrats proposed shifting the onus to the recipient and making the Federal Election Commission, which handles campaign fund-raising reports, the repository of the record.

    But Mr. Van Hollen said House negotiators decided to consent to the change since the basic information being disclosed remained the same.

    Mr. Van Hollen said he believed that the new requirements, if they became law, could represent a fundamental change in the interaction between lobbyists and lawmakers. �We heard the message voters sent last November and we are following through,� he said.




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  • gcwait2007
    06-26 11:31 PM
    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!

    Hello Hiralalji,

    Excellent post. Salute to you!

    Thank you once again



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  • smisachu
    12-28 09:28 PM
    I agree to what you say. But understand that firing a nuke needs more than having one. Our missile shield is pretty good, we have several anti missile defence shields installed all across the border with Pakistan including the Rann of Kutch. Yes they are only tested and not war tested, but so are pakistans wepons. At least our wepons are self produced, paks are purchased chinese crap. I doubt nukes will be used even if there is a conflict.

    As you say we have suffered for 60 years due to terrorism and we need to end it. I am not advocating war but killing all terrorists. India has no interest in Pakistan and has no use for it if we occupy it. I was just highlighting the capacity of our Army not advocating marching to Islamabad. All we need to do is get back POK into our control and eliminate the Terrorists there, revoke article 370 and assimilate Kashmir and kashmiris into rest of India and vice versa.

    Listen as some one who has lost a cousin in Kargil and an uncle in 71 war and with 3 cousins still serving in the force , I know the pain of war closer than you might think. Thats why I want to end it once and for all. Do you know, a Jawan is killed due to COLD in siachen glazier every week and this is a place we dont have to put our boys on through the winter, but we do just because if we dont Pak will occupy our post come Summer.
    We need to kill terrorists and let modren pakistanis to gain control of the country, until this is done this problem will not go away for India or the US or anyone else.

    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.




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  • mrajatish
    04-08 12:21 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj



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  • nojoke
    04-14 01:14 PM
    People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!

    These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?




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  • ss1026
    12-20 04:23 PM
    Every one I know (muslim or non muslim) is appaled by the Mumbai incident. A sensible person has to be. I do not know the sentiment in pakistan though I am sure there is a propaganda machine at work there. I have many pakistan collegues here and they were outraged. If this was an act, they are good it. This is similar to saying that most hindus were not appaled by what happened in gujarat/orissa.

    Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.

    My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.



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  • pthoko
    07-11 01:57 PM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!


    QUOTE




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  • Refugee_New
    01-07 04:09 PM
    I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?

    I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!

    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?



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  • Macaca
    02-13 09:31 AM
    This thread is for resources on lobbying for legislation

    Pre-requisite: What is Legislation? (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation)

    Lobbying is the practice of trying to persuade legislators to propose, pass, or defeat legislation or to change existing laws. A lobbyist may work for a group, organization, or industry, and presents information on legislative proposals to support his or her clients' interests.

    Resources

    History of lobbying (http://www.senate.gov/legislative/common/briefing/Byrd_History_Lobbying.htm)
    The Nonprofit Lobbying Guide (http://www.independentsector.org/programs/gr/lobbyguide.html)
    Center for Lobbying in the Public Interest (http://www.clpi.org/)
    The Democracy Center (http://www.democracyctr.org/)




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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.



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  • waitnwatch
    08-05 03:18 PM
    If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!

    You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............




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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.



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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • qplearn
    11-15 09:29 AM
    There is no change in his strategy; but what is interesting is: he is now claiming that many of the new (freshmen) Democrats are in fact "Lou Dobb Democrats." :) Is he suggesting that they support his stand?

    He is also claiming now that he never opposed legal immigration beyond the 1 million that enters every year. He must have forgotten about his daily telecast on H1Bs (in 2003-2004), whose number is well within the limits of 1 million. What was he screaming about then?

    Lou Dobbs is losing it, I think, which can only be a good sign. But if CNN were to fire him, that will be the best thing to happen.




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  • GCapplicant
    07-13 11:47 AM
    Here is my 2 cents worth...

    What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.

    What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.

    Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!



    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.




    nk2006
    09-30 02:59 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.




    krishna.ahd
    01-06 04:10 PM
    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.
    If you dont know the reality , then

    I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??

    BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).



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