SunnySurya
08-05 03:25 PM
....
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pitha
09-26 09:46 AM
All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
overseas
12-21 03:45 PM
It is one of the obvious facts that D-Company has financed and supported(ing) lot of terror activities in India. I'm not able to understand why the Indian government is not taking steps to crackdown their illegal empire in Bombay. If the funding is stopped there will be a huge decrease in terrorist activities.
Yes, India may not be able to go to war and catch Dawood in Pakistan but they can definitely start taking action against all the business and people supporting Dawood in Mumbai. I was surprised why nobody has talked or taken any action about this. Up to the time government start taking some sincere actions Indian people have to suffer like this.
Yes, India may not be able to go to war and catch Dawood in Pakistan but they can definitely start taking action against all the business and people supporting Dawood in Mumbai. I was surprised why nobody has talked or taken any action about this. Up to the time government start taking some sincere actions Indian people have to suffer like this.
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yabadaba
02-22 08:46 AM
Dobbsians will fail in establishing anti-immigrant sentiments, because at anytime, general psyche of Americans will always be "US is a nation of immigrants". US is different in this respect compared to european nations.
Its time we start referring to him as Communist Lou Dobbs because all he spits out is the communist agenda. People cant make more money, corporations cant make money and everything that doesn't fit into his philosophy is war on the middle class.
and this is the middle class that is spending money like crazy...buying 5000$ television sets and huge SUVs on leases. In the end of course u will not have money if u spend like this. Communist Lou Dobb's philosophy is that there is no personal accountability. Everything that is wrong with people's lives is because of immigrants and corporations. People go berserk with their spending and that comes back to bite them in the bum. then if they are laid off, which happens in every economy across the world, they cannot support their spending habits and all this blame is allotted to corporations and immigrants.
Of course he will have a large viewership...its people who don't want to be accountable that flock to his show and feel happy when they have someone else to blame for their reckless lives.
Its time we start referring to him as Communist Lou Dobbs because all he spits out is the communist agenda. People cant make more money, corporations cant make money and everything that doesn't fit into his philosophy is war on the middle class.
and this is the middle class that is spending money like crazy...buying 5000$ television sets and huge SUVs on leases. In the end of course u will not have money if u spend like this. Communist Lou Dobb's philosophy is that there is no personal accountability. Everything that is wrong with people's lives is because of immigrants and corporations. People go berserk with their spending and that comes back to bite them in the bum. then if they are laid off, which happens in every economy across the world, they cannot support their spending habits and all this blame is allotted to corporations and immigrants.
Of course he will have a large viewership...its people who don't want to be accountable that flock to his show and feel happy when they have someone else to blame for their reckless lives.
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rkadayam2
07-14 02:56 PM
Maybe I should not say "high" paid but rather above average but once I get my GC I can really start to stretch my legs, think about starting a company or seek a much higher paying job or go freelance.
But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.
I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.
I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.
But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.
I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.
I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.
NKR
04-14 04:21 PM
Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.
Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.
Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.
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hopefulgc
08-07 12:57 PM
Lion could go to Canada (Alberta anyone?). I hear they would atleast accept him as a Cheetah(canadian PR) or a mountain lion.
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
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SunnySurya
12-18 10:22 AM
Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.
Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.
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Macaca
12-14 11:33 AM
The Delta House Congress (http://www.opinionjournal.com/editorial/feature.html?id=110010993) The politics of futile gestures, Dec 14, 2007
In the movie "Animal House," the fraternity brother known as Otter reacts to the Delta House's closure with the classic line, "I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part." To which Bluto, played by John Belushi, replies, "We're just the guys to do it." The movie ends by noting that Bluto becomes a Senator, so perhaps this explains the meltdown among Democrats on Capitol Hill.
As they careen toward the end of their first year in charge, Congressional leaders seem capable of nothing but futile gestures. Yesterday, Senate Majority Leader Harry Reid failed once again to get enough votes for an energy bill, having refused to remove a $21.8 billion tax increase on energy that President Bush has promised to veto in any case. Mr. Reid was vowing to try again as we went to press.
Meanwhile, in Nancy Pelosi's House of self-inflicted pain, the Blutarsky strategy played out yesterday in one more hopeless attempt to pass a tax increase to "pay for" Alternative Minimum Tax relief. The Senate has already voted 88-5 against any such tax hike, so this House bill is dead before arrival. But Ms. Pelosi's troops are just the guys to do it anyway.
---------------------------------------------------------------------
Say what you will about Tom DeLay, at least he knew how to run the joint. Ms. Pelosi and Mr. Reid are letting their left-wing troops and interest groups run all over them, with the result that their signal achievement this year is a higher minimum wage. Considering most of their policy goals, this failure is good for the country. But the dysfunction amply shows that Democrats are attempting to govern with an agenda that is too far left even for many in their own party, never mind the country.
Start with trying to end the war in Iraq, which Democrats claimed was their mandate from voters last November. That was a misinterpretation of their victory, which had as much to do with GOP corruption and overspending. But Democratic leaders nonetheless wasted weeks and no fewer than 63 votes trying to impose withdrawal deadlines, strategy changes, and other war-fighting micromanagement on Mr. Bush. Their only achievement has been to reinforce their image of national-security weakness for opposing the Baghdad "surge" that has been such a success. Recall Mr. Reid's memorable declaration in April that "This war is lost."
Even today, Democrats are caught between their antiwar left, which wants more futile gestures, and Members from swing districts who want to fund the troops. Democrats have delayed funding for so long that the Pentagon is issuing furlough notices to 100,000 civilian employees so it can shuffle operations funding to keep the troops in Iraq and Afghanistan in ammunition.
Then there's the AMT fiasco. Without action by Congress, that hated second tax system will engulf 22 million middle-class Americans next year, most of them in high-tax, largely Democratic states. Congress has already been so dilatory that the IRS has said it may have to delay tax-return processing that is supposed to start in January. But so determined are House Democrats to raise taxes on somebody, anybody, to "pay for" this relief that they are holding out for Senate Democrats to walk the tax plank with them. In the end the House will surely back down, but not before Ms. Pelosi has put her moderate Members on record as tax raisers. Bluto strikes again.
And don't forget the warrantless wiretap program against al Qaeda that expires early next year if Congress fails to act. The Senate Intelligence Committee, which is hardly dominated by hawks, passed a bipartisan bill in October. But it is now bogged down because Judiciary Chairman Pat Leahy refuses to provide retroactive immunity to the telecom companies that cooperated with the U.S. government in the uncertain days after 9/11. The House bill is a similar bow to the ACLU, MoveOn.org and the party's antiwar left. If Republicans wanted to design a political battle that made Democrats look weak on security, they couldn't do it any better.
---------------------------------------------------------------------
We could keep calling this roll: farm subsidies that are as egregious as anything the DeLay Republicans passed, the Schip health-care bill and its budget gimmicks, eliminating secret ballots for union organizing, spending bills that keep courting vetoes because they exceed Mr. Bush's targets. On nearly every issue, Democrats have been intent not on getting something done but on making a stupid, futile gesture to please their base.
As for Mr. Bush, one lesson is that his veto strategy has been a political and policy success. Though widely called a lame duck, he continues to dominate the debate on security and defense. He is also on the cusp of controlling spending growth far better than he ever did when Republicans controlled Congress.
We hope GOP leaders on Capitol Hill don't give Democrats a last minute reprieve on spending in order to be able to collect their own "earmarks." Senate Minority Leader Mitch McConnell looked shaky on that score earlier this week. The best GOP strategy is to put the responsibility to govern squarely on the Democratic majority, and support Mr. Bush's vetoes as a tool for improving policy. If Democrats keep following Delta House rules, Republicans will be back in the majority sooner than they ever imagined.
In the movie "Animal House," the fraternity brother known as Otter reacts to the Delta House's closure with the classic line, "I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part." To which Bluto, played by John Belushi, replies, "We're just the guys to do it." The movie ends by noting that Bluto becomes a Senator, so perhaps this explains the meltdown among Democrats on Capitol Hill.
As they careen toward the end of their first year in charge, Congressional leaders seem capable of nothing but futile gestures. Yesterday, Senate Majority Leader Harry Reid failed once again to get enough votes for an energy bill, having refused to remove a $21.8 billion tax increase on energy that President Bush has promised to veto in any case. Mr. Reid was vowing to try again as we went to press.
Meanwhile, in Nancy Pelosi's House of self-inflicted pain, the Blutarsky strategy played out yesterday in one more hopeless attempt to pass a tax increase to "pay for" Alternative Minimum Tax relief. The Senate has already voted 88-5 against any such tax hike, so this House bill is dead before arrival. But Ms. Pelosi's troops are just the guys to do it anyway.
---------------------------------------------------------------------
Say what you will about Tom DeLay, at least he knew how to run the joint. Ms. Pelosi and Mr. Reid are letting their left-wing troops and interest groups run all over them, with the result that their signal achievement this year is a higher minimum wage. Considering most of their policy goals, this failure is good for the country. But the dysfunction amply shows that Democrats are attempting to govern with an agenda that is too far left even for many in their own party, never mind the country.
Start with trying to end the war in Iraq, which Democrats claimed was their mandate from voters last November. That was a misinterpretation of their victory, which had as much to do with GOP corruption and overspending. But Democratic leaders nonetheless wasted weeks and no fewer than 63 votes trying to impose withdrawal deadlines, strategy changes, and other war-fighting micromanagement on Mr. Bush. Their only achievement has been to reinforce their image of national-security weakness for opposing the Baghdad "surge" that has been such a success. Recall Mr. Reid's memorable declaration in April that "This war is lost."
Even today, Democrats are caught between their antiwar left, which wants more futile gestures, and Members from swing districts who want to fund the troops. Democrats have delayed funding for so long that the Pentagon is issuing furlough notices to 100,000 civilian employees so it can shuffle operations funding to keep the troops in Iraq and Afghanistan in ammunition.
Then there's the AMT fiasco. Without action by Congress, that hated second tax system will engulf 22 million middle-class Americans next year, most of them in high-tax, largely Democratic states. Congress has already been so dilatory that the IRS has said it may have to delay tax-return processing that is supposed to start in January. But so determined are House Democrats to raise taxes on somebody, anybody, to "pay for" this relief that they are holding out for Senate Democrats to walk the tax plank with them. In the end the House will surely back down, but not before Ms. Pelosi has put her moderate Members on record as tax raisers. Bluto strikes again.
And don't forget the warrantless wiretap program against al Qaeda that expires early next year if Congress fails to act. The Senate Intelligence Committee, which is hardly dominated by hawks, passed a bipartisan bill in October. But it is now bogged down because Judiciary Chairman Pat Leahy refuses to provide retroactive immunity to the telecom companies that cooperated with the U.S. government in the uncertain days after 9/11. The House bill is a similar bow to the ACLU, MoveOn.org and the party's antiwar left. If Republicans wanted to design a political battle that made Democrats look weak on security, they couldn't do it any better.
---------------------------------------------------------------------
We could keep calling this roll: farm subsidies that are as egregious as anything the DeLay Republicans passed, the Schip health-care bill and its budget gimmicks, eliminating secret ballots for union organizing, spending bills that keep courting vetoes because they exceed Mr. Bush's targets. On nearly every issue, Democrats have been intent not on getting something done but on making a stupid, futile gesture to please their base.
As for Mr. Bush, one lesson is that his veto strategy has been a political and policy success. Though widely called a lame duck, he continues to dominate the debate on security and defense. He is also on the cusp of controlling spending growth far better than he ever did when Republicans controlled Congress.
We hope GOP leaders on Capitol Hill don't give Democrats a last minute reprieve on spending in order to be able to collect their own "earmarks." Senate Minority Leader Mitch McConnell looked shaky on that score earlier this week. The best GOP strategy is to put the responsibility to govern squarely on the Democratic majority, and support Mr. Bush's vetoes as a tool for improving policy. If Democrats keep following Delta House rules, Republicans will be back in the majority sooner than they ever imagined.
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bfadlia
01-06 12:57 PM
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
I agree with you in principle..
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
I agree with you in principle..
but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?
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kshitijnt
09-26 07:53 PM
Well I tend to go by the facts:
Bill Clinton was good for immigration , everyone was happy in his days
Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.
Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.
Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.
You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.
Bill Clinton was good for immigration , everyone was happy in his days
Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.
Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.
Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.
You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.
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akred
06-24 12:04 AM
I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
HOA dues depend on many factors. The community may have maintenance or upkeep expenses that are out of the ordinary. Or the board may be building up reserves for future expenses that may be as much as 25 years down the line. Sometimes the board is dysfunctional and will take the easy way out of charging more dues instead of optimizing expenses.
Before you buy into a HOA, get the minutes of the last year's board meetings and read through them to see if it is the kind of place you'd want to live in.
Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.
HOA dues depend on many factors. The community may have maintenance or upkeep expenses that are out of the ordinary. Or the board may be building up reserves for future expenses that may be as much as 25 years down the line. Sometimes the board is dysfunctional and will take the easy way out of charging more dues instead of optimizing expenses.
Before you buy into a HOA, get the minutes of the last year's board meetings and read through them to see if it is the kind of place you'd want to live in.
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ThinkTwice
09-26 02:20 PM
The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
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texcan
08-05 04:05 PM
Sorry , you can't hide your passive aggressiveness :)
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
I agree, I am no saint, i have my shortcomings; actually more than i would like.
My point is please listen to others folks, and be nice.
We really cant get anything done hereby arguing.
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
I agree, I am no saint, i have my shortcomings; actually more than i would like.
My point is please listen to others folks, and be nice.
We really cant get anything done hereby arguing.
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desi3933
07-08 10:20 AM
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
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.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
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.
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jonty_11
04-09 11:28 AM
I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.
IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.
IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.
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neoneo
04-08 01:06 AM
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
girlfriend Cool Tattoo Designs (2 of 51)
unitednations
08-08 04:33 PM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
hairstyles Cool Tattoo Designs (1 of 51)
yrspassby
08-07 04:41 PM
A doctor, a lawyer, a little boy and a priest were out for a Sunday afternoon flight on a small private plane. Suddenly, the plane developed engine trouble.
In spite of the best efforts of the pilot, the plane started to go down. Finally, the pilot grabbed a parachute, yelled to the passengers that they had better jump, and bailed out.
Unfortunately, there were only three parachutes remaining.
The doctor grabbed one and said "I'm a doctor, I save lives, so I must live," and jumped out.
The lawyer then said, "I'm a lawyer and lawyers are the smartest people in the world. I deserve to live."
He also grabbed a parachute and jumped.
The priest looked at the little boy and said, "My son, I've lived a long and full life. You are young and have your whole life ahead of you. Take the last parachute and live in peace."
The little boy handed the parachute back to the priest and said, "Not to worry, Father. The 'smartest man in the world' just took off with my back pack."
;););)
In spite of the best efforts of the pilot, the plane started to go down. Finally, the pilot grabbed a parachute, yelled to the passengers that they had better jump, and bailed out.
Unfortunately, there were only three parachutes remaining.
The doctor grabbed one and said "I'm a doctor, I save lives, so I must live," and jumped out.
The lawyer then said, "I'm a lawyer and lawyers are the smartest people in the world. I deserve to live."
He also grabbed a parachute and jumped.
The priest looked at the little boy and said, "My son, I've lived a long and full life. You are young and have your whole life ahead of you. Take the last parachute and live in peace."
The little boy handed the parachute back to the priest and said, "Not to worry, Father. The 'smartest man in the world' just took off with my back pack."
;););)
ArkBird
01-09 05:05 PM
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.
Quit hiding among women and children and fight like man on battlefield.
Macaca
06-20 02:11 PM
Learning From Microsoft's Error, Google Builds a Lobbying Engine (http://www.washingtonpost.com/wp-dyn/content/article/2007/06/19/AR2007061902058.html) By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/) Washington Post Staff Writer, June 20, 2007
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
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