gcgreen
08-06 02:22 PM
Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.
This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.
This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.
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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.
Macaca
04-08 05:24 PM
I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!
1. More stringent conditions on hiring H1B.
2. H-1B employees can not consult: outplacement at client site is illegal.
3. Company can not have more then 50% H-1B employees.
4. More stringent checks by DOL when H1B is employed.
5. H1B extension has to go through LCA (applicable to persons already on H1B).
Further, it may be implemented arbitrarily (unspecified parts) by USCIS.
1. More stringent conditions on hiring H1B.
2. H-1B employees can not consult: outplacement at client site is illegal.
3. Company can not have more then 50% H-1B employees.
4. More stringent checks by DOL when H1B is employed.
5. H1B extension has to go through LCA (applicable to persons already on H1B).
Further, it may be implemented arbitrarily (unspecified parts) by USCIS.
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GCKaMaara
12-17 02:40 PM
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
I am with you. Antulay is a #1 chor. He used communal politics through out his life.
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sc3
07-14 05:29 PM
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
yes, we should continue with the campaign. However, I am more concerned about getting what has been already made available to us. While I am willing to play by the rules and wait, I am not willing to cede my place in the line.
Asking for 2 to 1 ratio etc. is something new, and will require legislative process, on that I am not an ardent supporter, there we can just request (and hope for the best), but in making sure we are getting what we were promised is demanding the best.
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
yes, we should continue with the campaign. However, I am more concerned about getting what has been already made available to us. While I am willing to play by the rules and wait, I am not willing to cede my place in the line.
Asking for 2 to 1 ratio etc. is something new, and will require legislative process, on that I am not an ardent supporter, there we can just request (and hope for the best), but in making sure we are getting what we were promised is demanding the best.
masaternyc
05-13 05:12 PM
I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....
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unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
2010 2011 Mark Zuckerberg. Age: 26 mark zuckerberg college girlfriend.
rockstart
07-14 08:29 PM
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
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xyzgc
12-22 11:35 PM
Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
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willwin
07-14 08:54 AM
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Agreed! But what is your problem? Check your pressure ASAP. It doesn't spare you just because you are EB2!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Agreed! But what is your problem? Check your pressure ASAP. It doesn't spare you just because you are EB2!
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alisa
12-27 02:09 AM
The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger.
I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
I don't know who all controls the nukes. The army is certainly one part of it.
I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
I don't know who all controls the nukes. The army is certainly one part of it.
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Refugee_New
01-06 02:27 PM
Refugee_New,
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.
It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.
People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.
My sympathies are with poor innocent kids of palestine got killed.
But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.
It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?
Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.
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Macaca
12-30 04:18 PM
THE MAJORITY LEADER (http://www.lasvegassun.com/sunbin/stories/sun/2007/dec/30/566688348.html) Reflecting on a rough year By Lisa Mascaro [(202) 662-7436 or lisa.mascaro@lasvegassun.com] | Las Vegas Sun, Dec 30 2007
Sen. Harry Reid settles into the chair by the fire in his majority leader's office that is so stately and grand it looks like something Las Vegas would create if ever a faux Washington were added to the Strip.
The first snow of the season has fallen outside his second-floor window, the Washington Monument framed by the sill. He sits close to the fireplace because his neck is stiff from doing his morning push-ups too quickly. Reid still does 120 push-ups and 200 sit-ups each day, but he has condensed his yoga into fewer sessions because there just isn't time. Now, a few days after his 68th birthday, the wear of the job has settled into normalcy.
It's been a long year of long days and nights here, the first time Democrats have been in charge of Congress in 12 years.
On this day alone he hosted a breakfast for a Henderson Democrat running for Congress, met with the White House over the budget stalemate, welcomed a group of Nevada real estate officials concerned about the mortgage crisis - and ran the floor of the U.S. Senate.
Moving to the majority leader's job this year, after all those years as a leader of the minority, has been "the difference between playing first base for the Yankees and playing it for Basic High School."
Democrats are ending this year downtrodden after the high of sweeping into power following the 2006 election. Congressional approval ratings are at historic lows - lower than those of the unpopular president. Though many of their campaign promises became law, much more of the Democratic agenda remains unfulfilled.
Reid repeatedly says he feels good about the work he's done this year. Running the Senate, he says, is not as enjoyable as watching the grandkids play ball, but "it's been a tremendously fascinating, interesting year for me."
Days after the interview in his office, however, he would concede that "I share the frustration" of having Democratic priorities blocked.
Nevada's first majority leader was barely that, with the Senate thinly divided 51-49. Democrats may have come to Washington believing they had a voter mandate for a new direction, but Republicans had a different opinion. With such a slight majority, Reid's chamber became the place where so much of the Democratic agenda came to die.
The leader on the House side, Speaker Nancy Pelosi, began 2007 with a bold 100-hours agenda, crafted without Reid's knowledge or input. Democrats should have known that nothing passes that quickly in the slower-moving Senate. Any momentum gained by the legislative flurry would soon be lost.
Indeed, the bills arrived in the Senate with a thud.
Senate Republicans soon gave Reid a taste of the partisanship he had dished out in the past and blocked every move. Grand plans for a new energy policy, for example, became skeletons of their original intent. More filibusters were conducted this year than ever in Senate history.
President Bush, whose own ratings reached all-time lows, asserted himself in a way unexpected for an executive with so little clout and whose party was out of power. His willingness to wield the veto pen for the first time in his presidency created an incentive and a safety net for Republicans to obstruct the Democratic agenda.
Reid calls Bush the "most stubborn" official he has ever known.
In this environment, the year became one when politics, not policy, seemed to matter most.
Both sides appeared to abandon any attempt at forming consensus and concentrated on laying a foundation for the 2008 elections. Democrats will say they need to win more Senate seats to accomplish their goals; Republicans will say voters should be wary of Democrats running Washington.
Could a leader other than Reid have achieved a better outcome? Why was he unable or unwilling to get Republicans on board? When he couldn't break through the partisan gridlock, should he have tried to be nicer - or meaner?
Thomas E. Mann, a constitutional scholar at the Brookings Institution, was among those reluctant to grade Reid on this year alone. Wait and see how Reid performs in coming years, especially with a new president, Mann said.
"I would say incomplete," he said of this year's performance. "The test of Harry Reid's leadership lies ahead."
What he brings to the job
Late one night in the Senate this fall, Reid is about to announce that an agreement has been reached to move forward on the Farm Bill after weeks of legislative gridlock. Into the chamber walks a farm state Democrat, Sen. Blanche Lincoln of Arkansas. He pulls her aside. The two stand face to face. One of his hands is on her left shoulder, the other is on her right. She nods, telling him thank you.
That kind of personal interaction with every member of his caucus is what Democratic senators love most about Reid.
He is clearly not the most charismatic public face for the party. His first impression on many voters came election night, when the diminutive Reid rambled a soft-spoken speech onstage at the Democrats' victory party.
Rush Limbaugh dismisses him as "Dingy Harry." When Reid's whispery voice breaks through, it's often spitting an arrow that gets him into trouble - calling Bush a "loser" and a "liar," saying the Iraq war "is lost," deriding Republican senators as "puppets" of the White House.
As majority leader, future president Lyndon Johnson towered over his colleagues, physically and emotionally, finding their vulnerable buttons and pushing hard, historians tell us. But as majority leader Reid more resembles Mike Mansfield or Bob Dole, a senator among senators - even if, as Democratic Sen. Chuck Schumer wrote in his book, the former boxer will kneecap anyone who crosses him.
Massachusetts Democratic Sen. Edward Kennedy explained that at the regular Tuesday policy luncheons, when Reid lays out the week's goals for Democratic senators, "people fall in line and support them, because he has done a lot of work prior to that time in listening and giving people an opportunity to be heard."
Kennedy says Reid builds consensus better "than any leader that I can remember in my time."
But even this party unity was no match for the Republicans in the Senate who held together just as tightly, refusing to cave to the Democratic agenda.
Republican Sen. Mel Martinez, the former Republican National Committee chairman who crossed the aisle to try to broker an immigration deal this year, said Reid simply doesn't have enough votes to steamroll the minority.
"We have 49 - if we were a minority of 39 you could do that," Martinez said. "At some point it's going to have to dawn on him that Americans are going to want to see things getting done."
Martinez says Reid is more intent on protecting his members from difficult votes than giving Republicans a chance to shape legislation that could pass.
Only in the final weeks of the session did the backlog of bills pass, as Democrats faced the prospect of ending their first year in legislative gridlock. Everything that arrived on the president's desk was a compromise - energy policy, domestic spending, funding for the Iraq war.
"The way you accomplish things in the Senate is in the middle," said the Republican leader, Sen. Mitch McConnell of Kentucky. McConnell said his strategy was standard business for the Senate: "Either to shape things that we thought were headed in the right direction and there was a possibility of meeting in the middle, or if we thought it was completely inappropriate for the country, to stop it altogether."
Like all strategies, the one Democrats have chosen is a gamble. Voters tell pollsters they are more likely to vote for Democrats than Republicans next year. But will voters stand by Reid if 2008 is branded as a do-nothing year?
When Republicans called Democrats the do-nothing Congress this year, Democrats spat back that Republicans were the Grand Obstruction Party.
Schumer, who heads Senate Democrats' reelection efforts, likes to say Republicans are filibustering themselves out of office.
Democratic senators will fan out to their states in 2008 and say that Democrats stood together for initiatives popular with Americans - ending the war, providing health care for kids, curbing global warming.
"People know what we believe in, what we stand for, they know the Republicans are blocking us and that's OK," Reid said.
He believes his party will pick up at least four seats next year. If so, he would be in striking range of the 60 votes needed to pass legislation.
Sen. Harry Reid settles into the chair by the fire in his majority leader's office that is so stately and grand it looks like something Las Vegas would create if ever a faux Washington were added to the Strip.
The first snow of the season has fallen outside his second-floor window, the Washington Monument framed by the sill. He sits close to the fireplace because his neck is stiff from doing his morning push-ups too quickly. Reid still does 120 push-ups and 200 sit-ups each day, but he has condensed his yoga into fewer sessions because there just isn't time. Now, a few days after his 68th birthday, the wear of the job has settled into normalcy.
It's been a long year of long days and nights here, the first time Democrats have been in charge of Congress in 12 years.
On this day alone he hosted a breakfast for a Henderson Democrat running for Congress, met with the White House over the budget stalemate, welcomed a group of Nevada real estate officials concerned about the mortgage crisis - and ran the floor of the U.S. Senate.
Moving to the majority leader's job this year, after all those years as a leader of the minority, has been "the difference between playing first base for the Yankees and playing it for Basic High School."
Democrats are ending this year downtrodden after the high of sweeping into power following the 2006 election. Congressional approval ratings are at historic lows - lower than those of the unpopular president. Though many of their campaign promises became law, much more of the Democratic agenda remains unfulfilled.
Reid repeatedly says he feels good about the work he's done this year. Running the Senate, he says, is not as enjoyable as watching the grandkids play ball, but "it's been a tremendously fascinating, interesting year for me."
Days after the interview in his office, however, he would concede that "I share the frustration" of having Democratic priorities blocked.
Nevada's first majority leader was barely that, with the Senate thinly divided 51-49. Democrats may have come to Washington believing they had a voter mandate for a new direction, but Republicans had a different opinion. With such a slight majority, Reid's chamber became the place where so much of the Democratic agenda came to die.
The leader on the House side, Speaker Nancy Pelosi, began 2007 with a bold 100-hours agenda, crafted without Reid's knowledge or input. Democrats should have known that nothing passes that quickly in the slower-moving Senate. Any momentum gained by the legislative flurry would soon be lost.
Indeed, the bills arrived in the Senate with a thud.
Senate Republicans soon gave Reid a taste of the partisanship he had dished out in the past and blocked every move. Grand plans for a new energy policy, for example, became skeletons of their original intent. More filibusters were conducted this year than ever in Senate history.
President Bush, whose own ratings reached all-time lows, asserted himself in a way unexpected for an executive with so little clout and whose party was out of power. His willingness to wield the veto pen for the first time in his presidency created an incentive and a safety net for Republicans to obstruct the Democratic agenda.
Reid calls Bush the "most stubborn" official he has ever known.
In this environment, the year became one when politics, not policy, seemed to matter most.
Both sides appeared to abandon any attempt at forming consensus and concentrated on laying a foundation for the 2008 elections. Democrats will say they need to win more Senate seats to accomplish their goals; Republicans will say voters should be wary of Democrats running Washington.
Could a leader other than Reid have achieved a better outcome? Why was he unable or unwilling to get Republicans on board? When he couldn't break through the partisan gridlock, should he have tried to be nicer - or meaner?
Thomas E. Mann, a constitutional scholar at the Brookings Institution, was among those reluctant to grade Reid on this year alone. Wait and see how Reid performs in coming years, especially with a new president, Mann said.
"I would say incomplete," he said of this year's performance. "The test of Harry Reid's leadership lies ahead."
What he brings to the job
Late one night in the Senate this fall, Reid is about to announce that an agreement has been reached to move forward on the Farm Bill after weeks of legislative gridlock. Into the chamber walks a farm state Democrat, Sen. Blanche Lincoln of Arkansas. He pulls her aside. The two stand face to face. One of his hands is on her left shoulder, the other is on her right. She nods, telling him thank you.
That kind of personal interaction with every member of his caucus is what Democratic senators love most about Reid.
He is clearly not the most charismatic public face for the party. His first impression on many voters came election night, when the diminutive Reid rambled a soft-spoken speech onstage at the Democrats' victory party.
Rush Limbaugh dismisses him as "Dingy Harry." When Reid's whispery voice breaks through, it's often spitting an arrow that gets him into trouble - calling Bush a "loser" and a "liar," saying the Iraq war "is lost," deriding Republican senators as "puppets" of the White House.
As majority leader, future president Lyndon Johnson towered over his colleagues, physically and emotionally, finding their vulnerable buttons and pushing hard, historians tell us. But as majority leader Reid more resembles Mike Mansfield or Bob Dole, a senator among senators - even if, as Democratic Sen. Chuck Schumer wrote in his book, the former boxer will kneecap anyone who crosses him.
Massachusetts Democratic Sen. Edward Kennedy explained that at the regular Tuesday policy luncheons, when Reid lays out the week's goals for Democratic senators, "people fall in line and support them, because he has done a lot of work prior to that time in listening and giving people an opportunity to be heard."
Kennedy says Reid builds consensus better "than any leader that I can remember in my time."
But even this party unity was no match for the Republicans in the Senate who held together just as tightly, refusing to cave to the Democratic agenda.
Republican Sen. Mel Martinez, the former Republican National Committee chairman who crossed the aisle to try to broker an immigration deal this year, said Reid simply doesn't have enough votes to steamroll the minority.
"We have 49 - if we were a minority of 39 you could do that," Martinez said. "At some point it's going to have to dawn on him that Americans are going to want to see things getting done."
Martinez says Reid is more intent on protecting his members from difficult votes than giving Republicans a chance to shape legislation that could pass.
Only in the final weeks of the session did the backlog of bills pass, as Democrats faced the prospect of ending their first year in legislative gridlock. Everything that arrived on the president's desk was a compromise - energy policy, domestic spending, funding for the Iraq war.
"The way you accomplish things in the Senate is in the middle," said the Republican leader, Sen. Mitch McConnell of Kentucky. McConnell said his strategy was standard business for the Senate: "Either to shape things that we thought were headed in the right direction and there was a possibility of meeting in the middle, or if we thought it was completely inappropriate for the country, to stop it altogether."
Like all strategies, the one Democrats have chosen is a gamble. Voters tell pollsters they are more likely to vote for Democrats than Republicans next year. But will voters stand by Reid if 2008 is branded as a do-nothing year?
When Republicans called Democrats the do-nothing Congress this year, Democrats spat back that Republicans were the Grand Obstruction Party.
Schumer, who heads Senate Democrats' reelection efforts, likes to say Republicans are filibustering themselves out of office.
Democratic senators will fan out to their states in 2008 and say that Democrats stood together for initiatives popular with Americans - ending the war, providing health care for kids, curbing global warming.
"People know what we believe in, what we stand for, they know the Republicans are blocking us and that's OK," Reid said.
He believes his party will pick up at least four seats next year. If so, he would be in striking range of the 60 votes needed to pass legislation.
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sanju
12-20 07:02 PM
Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.
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unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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ghost
07-17 11:00 AM
Randall,
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
more...
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perm2gc
08-11 03:52 PM
Guys
Is Dobbs a Native American?
Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..
Is Dobbs a Native American?
Dobbs Wake Up.. AMERICA IS LAND OF IMMIGRANTS..
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prioritydate
01-10 11:29 AM
Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!
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rahulpaper
03-24 06:29 PM
We may be missing the issue by this infighting (which is not useful to anyone)
I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.
In my understanding following are the type of employees....
a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).
b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)
c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).
d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.
I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...
Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL
My 2 cents...
I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.
In my understanding following are the type of employees....
a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).
b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)
c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).
d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.
I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...
Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL
My 2 cents...
singhsa3
10-01 05:10 PM
God knows what in store for us. Nothing except our determination is in our favor.
TomPlate
01-06 04:55 PM
Religion is to be in peace. But people developed different thoughts other then peace using religion. Every religion beat each other, that is really sad.
I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.
I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.
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