Sunday, July 10, 2011

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  • sk2006
    06-05 12:27 PM
    Buying a house would be a BIG Mistake right now..

    Sub-Prime losses we have been hearing in main stream media is just the begining.
    Wait until 2010 when Alt-A and ARMs taken in 2005/6 start resetting.
    It will be a big mess.


    and

    NEVER LISTEN TO REAL ESTATE AGENT'S ADVICE!





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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.





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  • Macaca
    12-28 06:33 PM
    India asserting its interests vis-a-vis China (http://search.japantimes.co.jp/cgi-bin/eo20101228a2.html) By Harsh Pant | Japan Times

    India hosted Chinese Premier Wen Jiabao earlier this month in an attempt to stabilize Sino-Indian ties, which have undergone great turbulence the past two years.

    There was no dearth of warm words during the visit: Wen, in a lecture in New Delhi, invoked Mahatma Gandhi as "a man of love and integrity" who "has always lived in my heart." He stressed that although Sino-Indian relations have experienced major turns, they were only a short episode in a 2000-year history of friendly bilateral exchanges.

    Indian External Affairs Minister S.M. Krishna reciprocated by suggesting that the two nations do not see any contradiction in each other's rise and that both understand the importance of leveraging growth and development with mutual cooperation.

    As in the past, economic ties ended up being the focus of the visit. The two sides have now set a target of $100 billion in trade expansion by 2015 from the present $60 billion. Wen had come to India with a group of around 300 Chinese executives; business deals worth about $16 billion were signed. But there was no progress on the regional trade agreement as India remains concerned about its growing trade deficit with China.

    China did not concede to India on any major issue while India decided to play hardball on various issues of importance to China. Wen, for example, refused to acknowledge Indian concerns over China's issuance of stapled visas to the residents of Jammu and Kashmir, the growing Chinese presence in Pakistan-occupied Kashmir, and anti-India terrorist groups operating from Pakistan. Unlike other major powers, China has refused to unambiguously demand that Pakistan shut down the terrorist infrastructure on its soil.

    For its part, India this time refused to explicitly state that it recognizes the Tibet Autonomous Region as part of the Chinese territory.

    There was little movement on a range of concerns that India had flagged before the visit. India had expressed concerns about Beijing damming rivers like the Brahmaputra as well as the nontariff trade barriers to Indian companies in China. India remains keen on gaining access to Chinese markets, especially in the area of pharmaceuticals, information technology and engineering goods.

    Despite the lackluster nature of Wen's India trip, the newfound robustness in India's China policy in recent months is rather striking. After trying to push significant differences with China under the carpet for years, Indian decision-makers are being forced to grudgingly acknowledge that the relationship with China is becoming more contentious.

    India has adopted a harder line on Tibet in recent weeks by making it clear to Beijing that it expects China to reciprocate on Jammu and Kashmir just as India has respected Chinese sensitivities on Tibet and Taiwan.

    Ignoring pressures from Beijing, India decided to take part in the Nobel Peace Prize ceremony for Chinese dissident Liu Xiaobo in Oslo. Beijing had asked several countries, including India, to boycott the ceremony, describing the prize as open support for criminal activities in China. India was among the 44 states that did participate; Pakistan, Russia, Saudi Arabia, Iran and Iraq were among the nations that did not attend. There were rumors that Wen might cancel his India trip in response.

    India's challenge is indeed formidable as it has not yet achieved the economic and political profile that China enjoys regionally and globally. But it gets increasingly bracketed with China as a rising power, emerging power or even a global superpower. India's main security concern is not the increasingly decrepit state of Pakistan but an ever more assertive China, which is widely viewed in India as having a better ability for strategic planning.

    Indian policymakers, however, continue to believe that Beijing is not a short-term threat to India but needs to be watched over the long term even as Indian defense officials increasingly warn in rather blunt terms about the disparity between the two Asian powers.

    India's naval chief has warned that India has neither "the capability nor the intention to match China force for force," while the former Indian air chief has suggested that China poses more of a threat to India than Pakistan.

    It is certainly in the interest of both India and China to stabilize their relationship by seeking out issues on which their interests converge. But strategic problems do not necessarily make for satisfactory solutions merely because they are desirable and in the interest of all.

    For a long time, India was not very important in China's foreign policy calculus, and there was a general perception that India could be easily pushed around. New Delhi's own actions also cemented a perception in China that it was easier to challenge Indian interests without incurring any cost.

    New Delhi's latest robustness in its dealings with Beijing should, therefore, be welcomed insofar as it clarifies certain red lines that remain nonnegotiable.

    Harsh V. Pant teaches at King's College London


    Asia's Busy 2010 in Review (http://www.realclearworld.com/articles/2010/12/28/asias_busy_2010_in_review_99328.html) By Todd Crowell | RealClearWorld
    Emerging Powers and Cooperative Security in Asia (http://www.rsis.edu.sg/publications/WorkingPapers/WP221.pdf) By Joshy M. Paul | S. Rajaratnam School of International Studies





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  • h1techSlave
    12-26 09:59 PM
    Like a few of us are pointing out here, a full fledged war between India and Pak is only good for China.

    What India should do is
    1. Increase internal security. Our performace in tacking those 10-11 guys were pathetic, to put it mildly. Sure it is no mistake of those brave folks who actually fought the terrorists, but India has no political will power to tackle terrorits strongly (neither Indian politicians nor the voters who elect those politicians).

    2. Join NATO forces in fighting terrorism in Afghanistan. We had earlier turned down invitation from Americans to fight in Afghanistan because our rulers fear the Muslim vote bank. It seems (looking at the Muslim response to latest terror attacks), Indian Muslims also are fed up of the cross border terrorism. So if we join the NATO forces and fight islamists in Afghanistan; on one hand, the jihadis will be weakened and on the other hand, India will not be directly blamed by Muslims all over the world.

    My take on this is that there are two options

    Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts

    Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)

    Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
    Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)



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  • qplearn
    11-14 09:49 PM
    If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....

    Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.

    And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.





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  • Macaca
    05-11 05:28 PM
    The 'Education' Mantra (http://www.realclearpolitics.com/articles/2011/05/10/the_education_mantra_109799.html) By Thomas Sowell | Investor's Business Daily

    One of the sad and dangerous signs of our times is how many people are enthralled by words, without bothering to look at the realities behind those words.

    One of those words that many people seldom look behind is "education." But education can cover anything from courses on nuclear physics to courses on baton twirling.

    Unfortunately, an increasing proportion of American education, whether in the schools or in the colleges and universities, is closer to the baton twirling end of the spectrum than toward the nuclear physics end. Even reputable colleges are increasingly teaching things that students should have learned in high school.

    We don't have a backlog of serious students trying to take serious courses. If you look at the fields in which American students specialize in colleges and universities, those fields are heavily weighted toward the soft end of the spectrum.

    When it comes to postgraduate study in tough fields like math and science, you often find foreign students at American universities receiving more of such degrees than do Americans.

    A recent headline in the Chronicle of Higher Education said: "Master's in English: Will Mow Lawns." It featured a man with that degree who has gone into the landscaping business because there is no great demand for people with Master's degrees in English.

    Too many of the people coming out of even our most prestigious academic institutions graduate with neither the skills to be economically productive nor the intellectual development to make them discerning citizens and voters.

    Students can graduate from some of the most prestigious institutions in the country, without ever learning anything about science, mathematics, economics or anything else that would make them either a productive contributor to the economy or an informed voter who can see through political rhetoric.

    On the contrary, people with such "education" are often more susceptible to demagoguery than the population at large. Nor is this a situation peculiar to America. In countries around the world, people with degrees in soft subjects have been sources of political unrest, instability and even mass violence.

    Nor is this a new phenomenon. A scholarly history of 19th century Prague referred to "the well-educated but underemployed" Czech young men who promoted ethnic polarization there-- a polarization that not only continued, but escalated, in the 20th century to produce bitter tragedies for both Czechs and Germans.

    In other central European countries, between the two World Wars a rising class of newly educated young people bitterly resented having to compete with better qualified Jews in the universities and with Jews already established in business and the professions. Anti-Semitic policies and violence were the result.

    It was much the same story in Asia, where successful minorities like the Chinese in Malaysia were resented by newly educated Malays without either the educational or business skills to compete with them. These Malaysians demanded-- and got-- heavily discriminatory laws and policies against the Chinese.

    Similar situations developed at various times in Nigeria, Romania, Sri Lanka, Hungary and India, among other places.

    Many Third World countries have turned out so many people with diplomas, but without meaningful skills, that "the educated unemployed" became a cliche among people who study such countries. This has not only become a personal problem for those individuals who have been educated, or half-educated, without acquiring any ability to fulfill their rising expectations, it has become a major economic and political problem for these countries.

    Such people have proven to be ideal targets for demagogues promoting polarization and strife. We in the United States are still in the early stages of that process. But you need only visit campuses where whole departments feature soft courses preaching a sense of victimhood and resentment, and see the consequences in racial and ethnic polarization on campus.

    There are too many other soft courses that allow students to spend years in college without becoming educated in any real sense.

    We don't need more government "investment" to produce more of such "education." Lofty words like "investment" should not blind us to the ugly reality of political porkbarrel spending.


    Tiger Mom: Here's how to reshape U.S. education (http://www.usatoday.com/news/opinion/forum/2011-05-10-Reshape-US-education_n.htm) By Amy Chua | USA Today
    The American Idea: An Open Letter To College Graduates (http://www.forbes.com/2011/05/09/american-idea-college-graduates.html) By Carl Schramm | Forbes
    The Myth of American Exceptionalism (http://www.realclearpolitics.com/articles/2011/05/10/taking_exceptionalism_109795.html) By Richard Cohen | Washington Post
    The Role of Economics in an Imperfect World (http://economix.blogs.nytimes.com/2011/05/10/the-role-of-economics-in-an-imperfect-world/) By EDWARD L. GLAESER | New York Times
    Where the Jobs Were Lost (http://economix.blogs.nytimes.com/2011/05/11/where-the-jobs-were-lost/) By CASEY B. MULLIGAN | New York Times
    No, We Are Not a Nation of Hamburger Flippers (http://www.foxbusiness.com/markets/2011/05/09/nation-hamburger-flippers/) By Elizabeth MacDonald | Fox Business
    Multinationals Dump U.S. Workers for Foreign Labor (http://www.thefiscaltimes.com/Columns/2011/05/09/Multinationals-Dump-US-Workers-for-Foreign-Labor.aspx) By JAMES C. COOPER | The Fiscal Times
    California Economy Gets a Jolt From Tech Hiring (http://online.wsj.com/article/SB10001424052748703864204576311373667322428.html) By JIM CARLTON | Wall Street Journal



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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.





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  • Macaca
    12-27 07:31 PM
    'A Hole to Bury You'
    A first-hand account of how China's police treats the citizens it's supposed to serve and protect. (http://online.wsj.com/article/SB10001424052970203731004576045152244293970.html)
    By TENG BIAO | Wall Street Journal

    On Dec. 23, the United Nations International Convention for the Protection of All Persons From Forced Disappearance came into force. China has declined to accede to this convention. My experience that same day is just one of many examples of how the authorities continue to falsely imprison Chinese citizens.

    That evening, I was in the Xizhimen area of Beijing chatting with my colleagues Piao Xiang, Xu Zhiyong and Zhang Yongpan. Ms. Piao had been disappeared after she and I went to Dandong on Oct. 7 to argue the court case of Leng Guoquan, a man framed by the police for drug trafficking; she had only been released on Dec. 20. Her abductors had been officers from the state security squad of the Public Security Bureau. I asked her to narrate the entire process of her disappearance in detail.

    Later, I suggested to Mr. Zhang, "Let's go and see Fan Yafeng's mom." The day before, we had contacted fellow human rights lawyer Fan Yafeng and found out that he was under strict house arrest. But he had said that his mother was going to be alone at home in the evening and so I thought we should go see her.

    Because I used to go there frequently I remembered clearly where she lived. As Mr. Zhang and I entered the block of flats and started walking up the staircase, I had a feeling that someone was following us. Observing that we went to the third floor, a young security guard asked us whom we were visiting. We said, "We're seeing a friend." Immediately, he called out for someone else to come up.

    We knocked on the door and were greeted by Mr. Fan's mother. But as we entered the flat, the security guard came with us, and a person in plainclothes stormed in just behind him. The man in plainclothes demanded to check our IDs in a very coarse manner. I asked him in a loud voice, "What sort of people are you? How can you enter a private residence without permission?"

    The plainclothes man said, "I am a police officer. We want to check your ID cards." "You're a police officer? I want to see your police ID." "If I am telling you I'm a police officer, then that's what I am. What are you doing here?" "Is that your business? How can you prove you're a police officer if you don't show your police ID card?"

    The situation was escalating. I ducked my head and used my phone to send out a message on Twitter, and Mr. Zhang made a phone call to a friend. It was then about half past eight. The plainclothes guy made a phone call asking for reinforcement. Later I learned that at that moment our own reinforcements were mobilizing.

    Two police officers showed up. One of them showed us his police ID. I asked Mr. Zhang to note down his police ID number and name, Shi Ligang, and pass it on to our Twitter friends. Then they wanted to check our IDs. I said, "According to Article 15 of the National Identity Card Law you have no right to check them in the present situation."

    He said, "We are conducting an investigation in accordance with the People's Police Law." I said, "You can only question people who are suspected of having broken a law. We've just come to a friend's home for a visit, so you have no right to question us."

    We quarreled for some time, and that state security squad officer in plainclothes kept making phone calls asking for more people to come over. The situation was getting worse, so I sent another Twitter message.

    I talked to Mr. Fan's mother and the older state security squad officer told her not to speak to me. I got angry. "You're not even disclosing your identity, do you think you can enter other people's flat as you please and order the flat-owner about�not to mention that that's illegal, it lacks every human feeling!"

    "You should think more clearly. Don't talk so much about the law with me. Do you know where we are? We are on Communist Party territory!"

    The state security squad officer later tried to beat me. I warned him, "As you haven't shown me any documentation, you don't even have the right to seek a conversation with me. Don't push me." Then he said, "Don't you know what place you are in? This is China! Now you've come here, don't think you can leave again!"

    After about 15 minutes, a large contingent of police officers arrived. I was in the washroom at the time. I could hear the police dragging Mr. Zhang forcefully downstairs. The plainclothes man banged madly at the door of the washroom, cracking a hole into the thin wooden panel of the door. I said, "I just want to use the washroom!" He said, "You're not allowed to," and kept banging against the door. He inserted his hand through the hole he had made, and undid the latch. Several police officers dragged me out. The state security squad officer took away my glasses. I am severely near-sighted, and as a result I was quite unable to see clearly. Later, I wasn't even able to read a police officer's ID number.

    I protested loudly against this treatment. A whole group of police officers pushed, shoved, pulled and dragged me down the stairs and into a police van. Mr. Zhang's glasses and mobile phone had also been taken away. As we were dragged away we were also beaten. My hand had been grabbed so violently that it was injured in a few places. A police officer wanted to take away my mobile phone, I resisted with all my force and he eventually desisted.

    When we arrived at the Shuangyushu police station, I said, "You have no right to take us into a police station. You can't be ignorant of the provision of Article 9 of the Police Law!"

    "Want to tell us what it says?"

    "'In the following four sets of circumstances, the police may take citizens to a public security bureau for questioning: (1) if the person has been accused of having committed a crime, (2) if a person has been discovered at the suspected scene of a crime, (3) if a person is suspected of a crime and if their identity is not clear, (4) if a person carries goods with them that may have been stolen." And if you want to check a person's ID card, you can only do that in the following cases: (1) suspicion of illegal behavior, (2) control of a site, (3) sudden incidents severely endangering the social order, or (4) other situations stipulated in the law - and such a law stipulating other situations must have been passed by the National People's Congress or its Standing Committee." I knew this stuff inside out.

    "But you are a person 'whose identity is unclear.'"

    "But according to the law, persons whose identity is unclear can only be checked if they are 'suspected of having committed a crime.' I don't belong in that category." Since there are more and more activists nowadays who are familiar with these two legal provisions and use them to challenge the police, I've been told by police officers that they hate the very bones of the legislators who created them.

    Mr. Zhang and I were taken to two different rooms on the second floor of the police station. A gang of police officers again came to wrestle my mobile phone from me; and there was another scuffle. All the things inside my pocket were taken out. I protested. Seven or eight police officers loudly insulted me. Two or three were swearing especially viciously, using mafia slang words to curse me.

    A police officer shouted at me to sit; I pushed the chair over with my foot. Several officers rushed forward and twisted my arms, punched my head and choked me, and pushed me to the ground. They took me to another room. In the corridor I cried out, "I am a law teacher, I know whether or not you are violating the law." I said this primarily to make them understand that they were dealing with someone who knew the law, to make them refrain from acting rashly and inflicting too much pain�and it was also meant for the ears of Mr. Zhang and the officers who were interrogating him.

    Several police officers pushed me into a corner and one guy came up and fiercely dragged at my tie until he finally managed to pull it off, and threw it to the floor. The police officers pointed at my nose and coarsely swore at me again, and again they cried, "Do you know where you are? If we beat you, what can you do?"

    After a while, a police officer came in and said that we had been detained because we had gone to Fan Yafeng's home. One officer, who I heard addressed as Xu Ping, went from merely loudly interrogating to roaring accusations at me: "O ho, that's how it is! In that case, you belong to the enemy! F- your mother, you went to see Fan Yafeng! That c-! In that case we don't have to talk about legal constraints at all! And you motherf- won't get out of here again! You traitors, you dogs! Counter-revolutionaries! The Communist Party feeds you and pays you and you still don't acknowledge how good it is! You keep insulting the Party!� We will treat you just like an enemy!"

    I was very curious. "How do you treat your enemies?"

    "Like Falun Gong!"

    "And how do you treat Falun Gong?"

    "You'll find out by and by."

    I felt a pang of horror.



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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.





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  • sledge_hammer
    06-25 02:56 PM
    If you have only been reading all the doomsday articles on the net about another nosedive in the realestate market, then I must suggest you to step out and smell the coffee. Other than in a few areas like Detroit and Miami, the home prices are close to stable and are not heading to fall another 10%. When people write articles they want to sensationalize thier reports. What's happening in Detriot will not be happening everywhere in the nation. Real estate markets are very local and cannot be generalized. So anyone that is thinking that there is going to be another HUGE drop in home prices are mistaken.

    Yes, you are right, absolutely no one can time the market. That is why it is a great strategy not to speculate, but go by the fact that real estate prices are affordable now and interest rates are the lowest in recent history. Don't think that just because there was a bubble you'll now get good homes for anything more than 5% discount.

    Remember that you probably have a job in the city you live in, and that you are continually employed, means that there are other people around you with jobs. They are ready to snap up homes even before you get to see it from the inside. I see homes that are in bad shape in my county (Fairfax, VA) sitting in the market for months. But the ones that are good goes under contract in less than a week.

    Sledge,
    Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.

    From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.


    Unemployment is still on the way up. We will cross 10% anytime soon is a given.
    Excess housing inventory
    Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.


    Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.

    Giving your example.
    Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.



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  • alterego
    11-21 05:37 PM
    This man is truly delusional and ignorant and a total propaganda machine.
    Tonight he is stating that India is going to transfer sensitive nuclear technology that it will get from the USA through the nuclear deal to China.
    Does he even realise India got its ass kicked in a border war with China in the past, and that India and China share a border so that it rather than the US faces a more imminent danger from an all conquering and enabled nation.
    What a moron. Tonight I realised the extent of his hillbilly journalism. All he is after is ratings, he chats pure S#*&. Harvard ought to be ashamed of him.





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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • adusumilli
    08-06 07:38 AM
    see this pisses me off. why does a guy who studied using India government money and complaining that US govt. is not doing anything for him. First he should go back to India a pay back his dues he got from studying in IIT.





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  • abcdgc
    12-27 01:06 AM
    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

    Why are you so obsessed with Jews? No reason to go in circles trying to obfuscate the subject.

    Are you not from Pakistan? Why are you asking others to explain the reason why Pakistani Prime Minister/Foreign Minster and ISI is doing what they are doing? Shouldn't you be the one to explain why they are doing all this drama? Why are you asking others to explain why your country is behaving erratically?



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  • SunnySurya
    08-05 03:41 PM
    Good one, I missed reading this. This put an end to the debate...You got some green dots from me...
    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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  • Ramba
    07-14 03:56 PM
    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.

    They will not give 30K EB2 visas to IN & CH in upfront. They will issue only 7% in first 3 quarter of FY. They release the unused EB2-ROW numbers and unused EB1 numbers to EB2 I ndiaand China in last 3 months of the FY, to avoid the wastage. Thats why it has jumped by 2 years.





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  • punjabi
    08-08 07:53 PM
    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!



    Abe.. lets call it "manhole".

    coz these days the environment is no better than that :D:D:D





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  • another one
    09-29 05:14 PM
    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...


    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.





    JunRN
    09-26 02:39 PM
    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored

    If ever point based system becomes a law, those who already filed for EB GC will not be affected. New applicants will be affected and I think point-based system is better than the current. It follows FIFO strictly so you know exactly when your case will be adjudicated.





    gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G



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