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rsdang

08-29 10:59 AM

A drunk walks out of a bar with a key in his hand and he is stumbling back and forth.

A cop on the beat sees him and approaches "Can I help you sir"

"Yessh! Ssssomebody ssstole my carrr" the man replies!

The cop asks "Where was your car the last time you saw it "

"It wasss on the end of thisshh key" the man replies.

About that time the cop looks down and sees the man's weiner hanging out
of his fly for all the world to see.

He asks the man "Sir are you aware that you are exposing yourself "

Momentarily confused, the drunk looks down at his crotch and without
missing a beat, blurts out.........."Holy crap! My girlfriend's gone
too!

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my2cents

05-03 07:55 AM

For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

One funny thing..people are planning how to sell before they even look for house to buy. lol..

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chintu25

08-08 06:54 PM

Boss: Where were you born ?

Santa: Oye Punjab.

Boss: Which part?

Santa: Oye, Kya which part? Whole body born in Punjab.

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conchshell

08-09 01:48 PM

A friend to another: "When I die, I want to die like my grandpa who passed away peacefully in his sleep, but not like the freaked out passengers of the car he was driving."

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GCapplicant

07-14 09:26 AM

Why is EB3 India unhappy?

The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

EAD cannot give a solution.We knew that from day 1 .EB3 is unhappy because we havnt got any movement.Will any EB2 here support our cause.I am seeing forums where they have alreday started tracking their LUD's.Fine...Human mentality is when they are out of the problem nobody will turn back.Just becoz we are making fuss out of here there are one or two getting ready to point on us that we are unhappy.How do you expect us to be happy?

How long we have to wait?

3 solid years I was waiting for my 45 day letter then it took 6 months to get my labor approval.atleast if it had moved same like EB2 we can again sit and watch the show.

Fine ,even I feel , this EB2 movement if taken as a possitive movement ,I can expect EB3 ROW to be current by Oct 2008.When they interpret the spillover will that help EB3 single state to move.
Sometimes I do feel this has been done to fail the bills and break the team effort by IV-see how we are questioning ourselves-right? but will any Eb2 care for us-its our mistake to apply in EB3 and beleiving the old tradition.

How many of us are there since 2001 nov.any answer.How long can we wait?its impossible.

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pointlesswait

08-06 10:37 AM

too bad this discussion is still on!
its all about which side of the fence you are on!

i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

in this context...i am a Pandu..u are a gandu..(pun intended)

I agree with "singhsa".
I was reading through this thread and couldn't help replying.

Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.

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pitha

04-07 09:18 AM

It�s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.

Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.

Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.

The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don�t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

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mariner5555

04-09 07:29 AM

We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.

o.k. ..Thanks.
In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)

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kannan

08-14 07:34 PM

To United Nation

I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

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thepaew

09-29 04:58 PM

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's cellular phones.

I will definitely be moving out of the US when the Dems get elected as I do not think that they are 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.

By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.

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gcbikari

08-11 02:53 PM

Keep more lessons coming...don't worry about the #2 that you forgot
Thought #2 was a dirty lesson and intentionally removed.

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desi3933

07-08 07:38 AM

This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

Please consult a good attorney ASAP.

Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.

_____________________
Not a legal advice.

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kutra

07-13 09:37 PM

Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

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05-24 01:59 PM

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ashkam

04-15 03:18 PM

Seriously? Yes.

Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.

Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.

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pete

04-09 11:29 AM

Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......

There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:

WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.

Unlike we want H1B abuse to continue AND ALSO GC reform.

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riva2005

04-08 11:43 PM

Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.

Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

So in a nutshell, they(IEEE-USA) are against H1B employees if they :

1. Come here and stay here on GC.
2. Come here and go back.
3. Never come here but work for US companies and enable outsourcing.

So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.

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nixstor

03-23 12:36 AM

If you want to buy a home after you get your green card, mostly you will get after your retirement.

I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

who cares when life matters.

First sounded funny, then it made helluva sense.

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delax

07-14 10:14 AM

Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.

Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.

Macaca

12-14 11:40 AM

Plan B For Pelosi And Reid (http://www.realclearpolitics.com/articles/2007/12/congressional_democrats_need_n.html) By E. J. Dionne | Washington Post, December 14, 2007

WASHINGTON -- Congressional Democrats need a Plan B.

Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.

Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.

If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).

The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.

In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."

Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.

And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.

After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.

Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.

Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.

Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.

What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.

They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.

If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.

pointlesswait

08-06 10:37 AM

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file485

07-17 12:46 PM

thanks UN for your posts..

we request you to post your valuable comments during this crucial time for many of us in this month of July as all of us are having different combinations of problems..

I personally don't trust my lawyer..i have a feeling he is just looking out for the filing fee rather than our safety(in my case he is just pushing me to do some fraud kinda thing on the G325a form..we stepped back though)..

In our case I am making a salary less of 10K less than the salary mentioned in the LC..could this be an issue..?

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texanmom

09-27 05:21 PM

After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!

We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!

Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???

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alterego

07-13 02:09 PM

Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.

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CNBC. They are also airing a programme on immigration at 8pm eastern.

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manub

07-08 09:39 PM

Thank You for all the support.
I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
I will keep you posted.
thank you again.

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yabadaba

08-11 01:43 PM

http://www.flcdatacenter.com/CaseH1B.aspx

you will have to type in cable news in the employer name box

and change the state to Georgia

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Marphad

01-08 02:28 PM

All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

"Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

Another one told by my friend Maqsood:

"There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "

Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.

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amitga

04-07 05:06 PM

What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.

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gcgreen

08-06 12:59 PM

Same as you, I saw your post and couldn't help responding :-)

For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

I agree with "singhsa".
I was reading through this thread and couldn't help replying.

Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.

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12-30 09:25 PM

The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

Its quite a vicious circle.....

It would be a viscious circle if prime tragets inside Pakistan were being attacked 'visciously' by militant groups enjoying 'moral & political' support from India. Is there a militant group worth its 'Jahadi' salt inside Pakistan that enjoys this 'moral & political' support from India now? Either the Indian side is doing a very poor job of covert ops or not doing anything at all. There is almost no cost to Pakistan from India from Proxy war. I am suggesting increasing the cost for Pakistan and/or anti-Indian groups/institutions inside Pakistan for such attacks in India.

This proxy war (or viscious circle) is almost exclusively being fought on the Indian soil now. All I am saying is move the center of this viscious circle to Paki soil rather than fight it out on Indian soil.

But I agree that this thread is irrelevant to this forum and I apologize in advance for perpetuating this thread. My last post here.

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navin2004

05-24 09:04 AM

http://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories

This is an excerpt from the above article.

"Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."

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paragpujara

08-06 02:37 PM

One Chinese person walks into a bar in America late one night and he
saw Steven Spielberg.
As he was a great fan of his movies, he rushes over to him, and asks
for his autograph.
Instead, Spielberg gives him a slap and says, "You Chinese people
bombed our Pearl Harbor, get outta here.
"The astonished Chinese man replied, "It was not the Chinese who bombed
your Pearl Harbor, it was the Japanese".
"Chinese, Japanese, Taiwanese, you're all the same," replied Spielberg.
In return, the Chinese gives Spielberg a slap and says, "You sank the
Titanic, my forefathers were on that ship.
"Shocked, Spielberg replies, "It was the iceberg that sank the ship,
not me."
The Chinese replies, "Iceberg, Spielberg, Carlsberg, you're all the
same."
This particular joke won an award for the best joke in a competition
organized in Britain and this joke was sent by an Indian.

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pappu

12-26 05:44 PM

CNBC. They are also airing a programme on immigration at 8pm eastern.

Its about Illegal immigration only

8:00pm - 9:00pm, NBC (23)
Tom Brokaw Reports
The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…

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08-06 12:59 PM

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09-30 03:05 PM

How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.

Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

does this make sense, I will like to know what other people think about it.

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pitha

04-08 10:04 PM

Could not agree with you more on this. They have systematically targeted people of particular races. This is nothing but high tech lynching. If these people are against H1 just come out a say that. But these hypocrites don�t have the balls to say that so they are targeting a particular race.

Imagine telling an Indian or Chinese doctor to treat only Indian and Chinese patients and not anybody else. That�s what this law is essentially doing to technology consultants. You can only work within the company but cannot do consulting. But if you are an American citizen you can do consulting, body shopping etc but you cannot do that with H1!!!!.

I didn�t have much of an opinion regarding a path to citizenship to illegals, I could not understand why Kennedy was spoiling the whole CIR by stressing on path to citizenship for illegals. Now I understand exactly why Kennedy and some others stress about path to citizenship for illegals. They don�t want the illegals to go through these same gotchas that they are trying to put us h1's through. Kennedy knows that unless the illegals are given a path to citizenship they will be constantly exploited like we are.

The people who are sponsoring this law are xenophobes masquerading as h1 reformers. Of all the groups who claim they are trying to reform h1 you can easily weed out the pretenders and the real ones. The only real one is IEEE-USA They know H1b is necessary but don�t agree with some exploitation going on with the system. So the IEEE-USA made some of these proposals
1. Give green cards to US educated students directly instead of H1
2. Delink H1 from employers which will make them more mobile and not subjected to exploitation by employers.

Now IEEE-USA was truly interested in reforming H1 that why they made the above proposals. Now these xenophobes who proposed this draconian law did not include any of these proposals, why? Because there objective is not to reform H1 but to throw us out and kill h1 based on an excuse called reforming h1. If they were really interested in reforming h1 they would have included the above proposals in the bill.

This bill will pass one way or the other. The only solution for us would be 485 without priority date. But do we have the will and more importantly the resources to pull that off. Other than the personal effort of the core team and 200 odd contributing members who do we have to count on. People atleast now contribute, even before we could take one step forward we have been pushed 2 steps backward. As logiclife has said its no longer just about green card our very own existence is being eliminated. Please contribute atleast now for your own good.

So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.

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gcdreamer05

03-23 02:02 PM

my only problem is Work contracts.

How am I supposed to get contracts of all clients.
My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:

hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?

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485Mbe4001

08-06 04:18 PM

Thanks for posting rolling_floods first post. It is the reason i talked about the holier-than-thou attitude with this guy. He/she was at pains to remind me to read the OP, but the truth comes out in the end...

Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

It seems that he is always ready to file lawsuit.

For me, its a good read to get a good laugh. :D

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Macaca

03-19 01:20 PM

New Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007

The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.

The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."

"I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.

"For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."

But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.

But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.

"However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."

(Last Thursday, the Appropriations Committee approved the bill without the language.)

mariner5555

04-15 03:37 AM

We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
if on EAD / H1 - have atleast 12 months living expenses (food, mortgage, utilities taxes etc ..for worst case scenario - maybe even more -- since you won't be able to sell the house easily if you have to move for a new job) ..if on GC, I guess 6 months. depends on yr area, skills etc ..my guess only.
here is the latest from Wachovia ..(I know it is a repeat ..but to answer the original thread question for others who may want opinions) ..These economists are generally optimistic even when the situation is bad (since it hurts their own stock prices) ..the fact that they are pessimistic shows the real situation. In other words (my thoughts) - if your 485 is pending, then there is no hurry to buy a house ..deals will get better in the next 18 months. (after that house prices will be stagnant for a longer time -- this is for most locations or around 95% of US cities/towns)
------------
Don Truslow, chief risk officer of banking giant Wachovia (WB, Fortune 500), said home prices should fall through 2008 before finally hitting bottom in the middle of 2009. (Wachovia, the No. 4 U.S. bank by assets, reported an unexpected loss Monday.)

Sinai argues that until housing prices turn around, there isn't much hope for a pick-up in the economy because housing woes will continue be a drag on consumer spending and the credit markets.
"So much borrowing and lending was leveraged to [housing], that as long as values keep going down, the exposure of consumers, of financial institutions and of investors remains extremely high," he said.
-----------
if you are technical person ..read this article ..not sure how he (Mr. Makin is a visiting scholar at the American Enterprise Institute.)comes up with 23% figure ..but I guess he must have done research.
http://online.wsj.com/article/SB120813349057411671.html?mod=opinion_main_comment aries

-------
As average house prices plummet – declining at a 23% annual rate over the three months ending in January – lenders are sharply curtailing access to mortgage-based, home-equity loans. The 15% of U.S. mortgage holders with negative equity in their homes have no access to credit, and 20% with marginal equity have limited access at best.Overall access to credit is contracting: Ask Americans trying to utilize home-equity lines or arrange student loans.
---------

panky72

08-07 09:56 PM

BLONDE LOGIC

Two blondes living in Oklahoma were sitting on a bench talking, and one blonde says to the other, 'Which do you think is farther away... Florida or the moon?' The other blonde turns and says 'Helloooooooooo, can you see Florida ?????'

SPEEDING TICKET

A police officer stops a blonde for speeding and asks her very nicely if he could see her license.She replied in a huff, 'I wish you guys would get your act together. Just yesterday you take away my license and then today you expect me to show it to you!'

RIVER WALK

There's this blonde out for a walk. She comes to a river and sees another blonde on the opposite bank. 'Yoo-hoo!' she shouts, 'How can I get to the other side?' The second blonde looks up the river then down the river and shouts back, 'You ARE on the other side.'

AT THE DOCTOR'S OFFICE

A gorgeous young redhead goes into the doctor's office and said that her body hurt wherever she touched it. 'Impossible!' says the doctor. 'Show me.' The redhead took her finger, pushed on her left shoulder and screamed, then she pushed her elbow and screamed even more. She pushed her knee and screamed; likewise she pushed her ankle and screamed. Everywhere she touched made her scream. The doctor said, 'You're not really a redhead, are you? 'Well, no' she said, 'I'm actually a blonde.' 'I thought so,' the doctor said. 'Your finger is broken.'

KNITTING

A highway patrolman pulled alongside a speeding car on the freeway. Glancing at the car, he was astounded to see that the blonde behind the wheel was knitting! Realizing that she was oblivious to his flashing lights and siren, the trooper cranked down his window, turned on his bullhorn and yelled, 'PULL OVER!' 'NO!' the blonde yelled back, 'IT'S A SCARF!'

BLONDE ON THE SUN

A Russian, an American, and a Blonde were talking one day. The Russian said, 'We were the first in space!' The American said, 'We were the first on the moon!' The Blonde said, 'So what? We're going to be the first on the sun!' The Russian and the American looked at each other and shook their heads. 'You can't land on the sun, you idiot! You'll burn up!' said the Russian. To which the Blonde replied, 'We're not stupid, you know. We're going at night!'

FINALLY, THE BLONDE JOKE TO END ALL BLONDE JOKES!

A girl was visiting her blonde friend, who had acquired two new dogs, and asked her what their names were. The blonde responded by saying that one was named Rolex and one was named Timex. Her friend said, 'Whoever heard of someone naming dogs like that?' 'HELLLOOOOOOO......,' answered the blond. 'They're watch dogs!'

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unitednations

08-01 10:48 PM

UN, can you please reply? Thanks!

No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.

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pappu

03-25 11:58 PM

I am trying to upload a pdf file but keep getting error message.

temporaryjob140denial.pdf:
Upload of file failed.

It is way below the size limit posted for pdf file.

any ideas?

http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf

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03-06 09:03 PM

Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
Annual Flow Report

U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA

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TomPlate

04-08 12:30 PM

Any one from MASS state. Particulary near Peabody, Salem, Beverly those areas. Any ideas of house pricing there...?

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unitednations

08-02 06:36 PM

Guys

A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.

Re-file 140 or file an appeal on the 140.

Filing the appeal; you will be able to extend the h-1b.

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unitednations

08-02 02:17 PM

Definitely so. The fundamental problems of visa numbers and national quota remain and I think the next few months are going to be hell because of this stupid decision to rescind the July bulletin and allow everybody to apply for the I-485. How does one travel in an emergency after the I-485 is filed for but the receipt has not been received?

Once 485 is filed you can leave and re-enter the country if you have H or L visa.

You don't need to wait for the actual receipt.

Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

I understand that people have to go out on business but they are unnecessary complications that people are doing.

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unitednations

03-25 11:58 AM

Thanks for the link. Essentially there are 2 issues here

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

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

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

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

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

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

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

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

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

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

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

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

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

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05-11 05:19 PM

Obama Recasts Border Issue (http://online.wsj.com/article/SB10001424052748703730804576315531789204212.html) By Laura Meckler | Wall Street Journal

President Barack Obama on Tuesday tried a new tack on immigration, saying that beefed-up security along the U.S.-Mexico border has proved effective enough that it should draw Republican support for an overhaul of the nation's naturalization system.

Mr. Obama said his administration had met the concerns of Republicans by increasing law-enforcement manpower to record levels and installing new surveillance technology and fencing.

"We have strengthened border security beyond what many believed was possible," he said at the Chamizal National Memorial, as a giant Mexican flag waved across the Rio Grande river.

The president cited several statistics to back up his assertion of tightened borders, including a nearly 40% decrease in arrests at the border, to about 463,000 in 2010. The administration says that is a sign that fewer people are attempting to illegally cross from Mexico.

Mr. Obama didn't mention that deportations hit record levels last year�a trend that has drawn fire from some Hispanic advocates.
The speech was aimed in part at reassuring voters who are worried about border security, and in part at renewing support among Hispanic voters he needs to boost his re-election campaign, particularly in Rocky Mountain states.

He offered no new policy proposals Tuesday, and set no timetable for legislation. Instead, he called for those who support his proposals to build pressure for congressional action from outside Washington.

The president said the new border-control measures will prevent another wave of illegal immigrants from flowing into the country if those already here are allowed to stay.

Some prominent unions including the AFL-CIO have opposed immigration legislation in the past, concerned that new arrivals would pose competition for their members. Senators trying to craft an overhaul have said one of the obstacles has been coming up with a guest-worker program unions and business can support.

Mr. Obama's legislative goals haven't changed since he spoke on immigration last summer, including a path to citizenship for the 10.8 million people already in the U.S. illegally, a program many Republicans oppose as a reward for lawbreaking. Mr. Obama also supports a guest-worker program and making it easier for foreign students educated in the U.S. to stay.

There is virtually no GOP support in Congress for the legislation Mr. Obama wants, though some Republicans have embraced these ideas in the past.
Mr. Obama predicted that no matter what he does, some Republican foes of his approach will demand more. "Maybe they'll need a moat," he said. "Maybe they'll want alligators in the moat."

Arizona Republican Sens. John McCain and Jon Kyl have crafted a $4 billion, 10-point plan that calls for double fencing where there is now single fencing and another 5,000 Border Patrol agents, on top of the 20,700 now in place.

"We hear from our constituents on a daily basis, and, while some progress has been made in some areas, they do not believe the border is secure," Messrs. McCain and Kyl said in a statement Tuesday.

They also pointed to a Government Accountability Office report that found the U.S. has "operational control" of 44% of the Southwest border with Mexico, meaning it has the ability to detect, respond and interdict illegal activity.The administration says that isn't a good measure and officials are working on a better one.

Republicans face pressure within their party to keep the focus on tougher immigration enforcement. But some GOP leaders say the party also needs to improve its standing with Hispanics, the fastest-growing voter group in the U.S.

But the president faces skepticism even from supporters heading into this latest push.

"The moment to use pressure is gone. You missed it. The train left the station," said Rep. Luis Gutierrez (D., Ill.). "I want to be honest with my constituents and with the American people. I don't want to rev them up for something that doesn't have any possibilities of success."

President Obama at the Border (http://www.nytimes.com/2011/05/11/opinion/11wed1.html) New York Times Editorial
A Question of Decency (http://www.tnr.com/article/politics/magazine/87878/immigration-reform-dream-act-border-security) The New Republic Editorial
Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) The Christian Science Monitor Editorial
Hideously diverse Britain: a passage from India (http://www.guardian.co.uk/uk/2011/may/10/hideously-diverse-britain-passage-india) By Hugh Muir | Guardian
Britain's got (foreign) talent (http://www.economist.com/node/18648783) The Economist
The Dark Night of Islam
The revolutionary events shaking the Islamic world will not change an intolerant and obscurantist culture (http://www.nationalreview.com/articles/266778/dark-night-islam-michael-knox-beran)
By Michael Knox Beran | National Review
Obama�s border visit renews focus on immigration policy (http://www.washingtonpost.com/politics/obamas-border-visit-renews-focus-on-immigration-policy/2011/05/09/AF7cPMcG_story.html) By Peter Wallsten and Perry Bacon Jr. | The Washington Post
New Call in Albany to Quit U.S. Immigration Program (http://www.nytimes.com/2011/05/10/nyregion/albany-lawmakers-protest-giving-immigrant-data-to-us.html) By KIRK SEMPLE | New York Times
Obama�s El Paso coup (http://www.washingtonpost.com/blogs/post-partisan/post/obamas-el-paso-coup/2011/05/10/AFaBXOjG_blog.html) By Lee Hockstader | The Washington Post
In Border City Talk, Obama Urges G.O.P. to Help Overhaul Immigration Law (http://www.nytimes.com/2011/05/11/us/politics/11obama.html) By JACKIE CALMES | New York Times
Securing the border with semantics (http://www.washingtontimes.com/news/2011/may/10/securing-the-border-with-semantics/) The Washington Times Editorial
The Immigration Paradox (http://nationaljournal.com/politics/the-immigration-paradox-20110511) By Ron Brownstein | National Journal
The demographic politics of immigration (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform_0) The Economist
Moving away from the border (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform) The Economist

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alterego

07-13 02:18 PM

First off, we are here to get our GC faster so the effort is commendable.

However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.

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pani_6

07-14 11:45 PM

Pappu,

Could you please outline what you would you say about helping EB-3 out when you meet with DOL/USCIS officials next time IV meets them...also I want you to write a full letter that address the issue faced by Eb-3 and post it for us to mail it out...I understand that letter is not perfect..but it brings the dire picture of EB-3-I..

From what I have seen in the Fourm posts nobody clearly knows how these Visa numbers are clearly allocated and everybody has thier own theory..and you know well legislation will not come this year and we do not know the composition of new congress next year..we may have a congress that even more anti-immigrant with the slowing economy.. and EB-3 I is badly hurting..

We cant convert to Eb-2 now its too late..LC PERM are getting Audited (Taking 8-9 months ) and no PP for I-140..even if we apply for Eb-2 now...by the time it comes ..we dont know whether Eb-3 would have moved to say 2003 making all the PERM and I-140($$) efforts go waste...

We want to know what is in store for EB-3...some folks write that only 5 families per state are going to get thier GC in EB-3.. at the current rate 2001 Eb-3 have to wait another 5 years to get thier numbers....

Could you in your next meeting with DOL/USCIS/DOS please bring up the issues with EB-3 now that EB-2 has some relief..and give us whether we need to convert to EB-2 or in the near future will the numbers in EB-3 move..

Frankly I have no enegery left ...

Pappu..you are doing a great job..I commend your efforts..please show some direction for EB-3 ..some news from DOS/USCIS would be helpful...

I have my disagreements with the letter content and have let it known in my posts on the thread.

Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.

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logiclife

04-07 12:30 AM

Guys,

There is going to be no difference whether you

1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.

ALL OF THE 3 WILL BE AFFECTED.

For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

So take this seriously and do not underestimate this.

And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

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05-24 12:11 PM

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12-30 05:35 PM

India Digs In Its Heels as China Flexes Its Muscles (http://www.nytimes.com/2010/12/30/world/asia/30india.html) By JIM YARDLEY | New York Times

It has been the season of geopolitical hugs in India � with one noticeable exception. One after the other, the leaders of the five permanent members of the United Nations Security Council have descended on India, accompanied by delegations of business leaders, seeking closer ties with this rising South Asian giant. The Indian media, basking in the high-level attention, have nicknamed them the �P-5.�

Prime Minister David Cameron of Britain got a warm reception last summer. Then President Obama wowed a skeptical Indian establishment during his November visit. President Nicolas Sarkozy of France signed nuclear deals in early December, while President Dmitri A. Medvedev of Russia departed last week with a fistful of defense contracts after winning praise for Moscow as a �special partner.�

The exception to the cheery mood was the mid-December visit of Prime Minister Wen Jiabao of China. Mr. Wen did secure business deals, announce new trade goals and offer reassurances of friendly Chinese intentions. But the trip also underscored that many points of tension between the Asian giants � trade imbalances, their disputed border and the status of Kashmir � are growing worse. And the Indian foreign policy establishment, once reluctant to challenge China, is taking a harder line.

�The Wen visit has widened the gap publicly between India and China,� said Ranjit Gupta, a retired Indian diplomat and one of many vocal analysts pushing a more hawkish line toward China. �And it represents for the first time a greater realism in the Indian establishment�s approach to China.�

India aspires to membership on the United Nations Security Council, and China is now the only permanent member nation that has not explicitly endorsed such a move. But what has rattled Indian leaders even more is their contention that China is being deliberately provocative in Kashmir as it grows closer to Pakistan, China�s longtime ally and India�s nemesis. China has also been expanding its diplomatic and economic influence around South Asia, stepping up its involvement in the affairs of Sri Lanka, Nepal and the Maldives.

Mr. Wen�s visit was supposed to help address those tensions at a time when India is starting to draw closer to the United States. Among Chinese leaders, Mr. Wen is perceived as a friend of India, and his 2005 visit was regarded as a breakthrough after he and Prime Minister Manmohan Singh agreed on a broad framework to address the border dispute.

For decades since fighting a brief border war, the two countries had argued over the boundary lines, with China making claims to Arunachal Pradesh, an eastern Indian state, and India claiming portions of Tibet that abut Indian-controlled Kashmir. The 2005 deal fostered optimism that some sort of quid pro quo compromise could be reached, enabling the two countries to concentrate on trade. And trade took off: it has risen tenfold to almost $60 billion, with Mr. Wen setting a new goal of $100 billion.

But Indian leaders now complain that trade is far too lopsided in China�s favor and say that Indian corporations face too many obstacles in entering the Chinese market. Mr. Wen promised to help Indian corporations sell their products in China, but Indian officials are skeptical.

Meanwhile, China infuriated India by starting to issue special stapled paper visas � rather than the standard visa � for anyone in Indian-controlled Kashmir traveling to China on the grounds that Kashmir is a disputed territory. China later objected to including a top Indian general responsible for Kashmir in a military exchange in China. In response, Indian officials angrily suspended all military exchanges between the countries. Indian officials had thought Mr. Wen might reverse the stapled visas policy on his trip, but he instead only called for more diplomatic consultations.

Indian commentators have noticed that articles in the Chinese state-run media have renewed Chinese claims that the disputed border between the nations is roughly 1,240 miles in length � even as India puts the length at about 2,175 miles. The difference roughly represents the border between Indian-controlled Kashmir and Tibetan China. By omitting this section, the Chinese are questioning the status of Indian-controlled Kashmir, a position that buttresses Pakistan�s own claims, several Indian analysts have argued.

The most visible evidence that these problems were deepening came in the joint communiqu� issued by the two nations at the end of Mr. Wen�s visit. China typically demands that nations voice support for the one-China policy, which holds that Taiwan is an inalienable part of China. In past communiqu�s, India has agreed to such language, but this time it was omitted, a clear sign of Indian irritation.

�It has been in every communiqu�, but the Chinese didn�t even bring it up,� said a senior Indian official, speaking on the condition of anonymity. �I think they knew if they had brought it up, they knew we would have demanded some movement on the stapled visa issue and the Kashmir issue.�

The senior official added: �They must understand that there is a prospect of the relationship really going south. They will have to somehow moderate their stand on Kashmir. And they will have to take concrete steps to address the trade imbalance.�

India and China still cooperate on climate change and international trade policy, and some Indian diplomats grumble that the positive aspects of the relationship are too often overlooked by aggressive media organizations and an emboldened group of strategic analysts pushing for a harder line. China�s state-run media outlets recently broadcast images of a new tunnel being completed through the Himalayas near the Indian border. These reports looked to some like boasting about the country�s engineering prowess. In India, they were presented as a warning that China was building its infrastructure ever closer to India.

At the same time, India is watching warily as China pursues hydro projects that could affect the downstream flow of the Brahmaputra River in India.

Some Indian analysts note that tensions with China have increased in lockstep with the warming trend between India and the United States. During his visit, Mr. Obama spoke of a �defining partnership� between India and the United States and encouraged India to play a bigger role not only in South Asia but also in East Asia, China�s backyard. Mr. Singh, in fact, had just finished a trip to Japan, Malaysia and Vietnam as part of India�s �Look East� policy to build trade and diplomatic ties in the region.

�Our challenge will be to build our own leverage,� the senior Indian official said.

�That is why the relationships with the United States, with Japan, with other Southeast Asian parties, all that will become even more important.�

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alisa

12-30 01:48 AM

I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.

India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.

I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.

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SunnySurya

08-05 12:12 PM

With all due respect, just because few people don't like it is no reasons for getting this thread closed..
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

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mihird

07-15 04:34 PM

When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.

Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.

I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..

Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...

I think, it is long due..

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dontcareanymore

08-05 02:53 PM

I also resent the idea that all US Masters folks are just "rich kids".

Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

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snathan

01-11 01:38 PM

First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.

The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.

retropain

08-11 03:17 PM

Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.

I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?

(they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)

meridiani.planum

07-13 12:26 PM

Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

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