trictrac
08-02 12:49 PM
My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?
wallpaper to do makeup picks because
Macaca
12-21 10:00 AM
Republican Unity Trumps Democratic Momentum (http://www.nytimes.com/2007/12/21/washington/21cong.html) By CARL HULSE and ROBERT PEAR | NY Times, Dec 21, 2007
WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.
What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.
Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.
�What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�
Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.
Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.
�I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.
As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.
�A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.
Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.
As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.
Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.
�Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�
As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.
But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.
The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.
Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.
On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�
The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.
Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.
As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.
�The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.
Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.
Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.
�I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�
Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.
And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�
WASHINGTON � It was a picture-perfect start for Nancy Pelosi as she took the speaker�s podium last January in her tailored aubergine suit surrounded by children to emphasize her singular status as the first woman, mother and grandmother to lead the House.
What Ms. Pelosi did not know, as she beamed at her fellow Democrats cheering their return to power, was that the glum Republicans witnessing the tableau would remain persistently unified against her and her ambitious new majority in the legislative year ahead.
Defying expectations and surprising even themselves, Republicans were able to slow and sometimes halt Democratic momentum by refusing to break with President Bush and his war strategy, no matter how unpopular, and by resisting social initiatives, no matter how appealing.
�What is interesting to me is how the Republicans have stuck with the president,� said Ms. Pelosi, of California, looking back on her history-making first year capped by the president signing an energy bill that she declared as a top priority from the start. �I didn�t foresee that.�
Republicans say their unity was inspired by what they saw as Democratic overreaching on policy, bolstered by a fundamental belief that a Congressionally forced withdrawal from Iraq would be disastrous, and stiffened by attacks on vulnerable members from outside advocacy groups.
Holding together, they exerted their influence in three main areas: a children�s health care bill, domestic spending and, first and foremost, the war in Iraq. Time and again, even when a few of their number defected, they refused to provide the votes needed to challenge the president�s handling of the war. As a result, the final House vote of the year handed Mr. Bush another $70 billion for combat operations in Iraq and Afghanistan, much to the frustration of Democrats who had begun 2007 with enormous expectations.
�I was much more hopeful and optimistic that we would be able to do more to bring a new direction to this war, with our majority in the House and Senate,� said Representative John Lewis, the Georgia Democrat often viewed as the conscience of the party.
As they left the Capitol, Congressional Republicans took the view that they had been able to leverage their minority status to a degree even they had not thought possible.
�A year into �the wilderness,� our Republican team has scored legislative and political victories that no one � no one � could have predicted a year ago,� Representative John A. Boehner of Ohio, the Republican leader, wrote in a confidential memorandum distributed to Republican House members.
Democrats predicted that Republicans would pay a steep price in 2008 for their conduct in 2007 while Democrats would take advantage of their own victories on kitchen-table issues like worker pay and education costs.
As they face the voters in a presidential election year, Republicans will have to explain their loyalty to Mr. Bush�s war policies when polls have been clear for months about public dissatisfaction with the war. Even the relatively positive military trends that some see in Iraq have not, so far, produced much in the way of social stability there.
Democrats will remind voters at every turn that Republicans fought the expansion of health insurance for children and higher federal spending on biomedical research, college aid and an entire spectrum of federal programs.
�Many are paying and will continue to pay a price, but they are standing by the president and their most conservative base,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �The general polling across the country suggests this will not work in November.�
As Democrats asserted their new power at the start of the year, they raced ahead in the House with a series of initiatives on the minimum wage, higher education, terrorism, health care and energy, often with solid bipartisan support, giving hope that they might be able to attract Republicans.
But the early action also foreshadowed problems that would hinder the new majority all year: the Senate, with its minority-empowering rules, was not on the same hurry-up schedule, and House Republicans bristled at what they considered heavy-handed treatment. �Overreaching and the exclusion of Republicans � that formula equals a lack of results,� said Representative Dave Camp, Republican of Michigan.
The first serious collision with Republicans and Mr. Bush came in the spring when Democrats first tried to condition $120 billion in war spending on a deadline for withdrawal. Initially they were able to push the measure through with minimal Republican support, but when it was vetoed, they fell far short of the margin needed for an override.
Unwilling to be accused of depriving the troops of funds, they stripped the withdrawal provision. It was a pattern repeated throughout the year. At different points, Republicans seemed poised to bolt from Mr. Bush on the war � and other issues � but held firm.
On another national security issue, Democrats caved to administration pressure on terror surveillance before a summer break. Ms. Pelosi allowed the House to approve a temporary extension of a wiretapping program even though she considered the proposal constitutionally flawed and felt that the White House had dishonestly accused Democrats of impeding surveillance. �That was a sad day,� she said. �Sometimes it is just a fight where we don�t have a similar platform.�
The solidarity of House Republicans was also on display in a long-running fight over proposals to expand the Children�s Health Insurance Program, a top priority for Ms. Pelosi and other Democratic leaders. On Sept. 28, one day after a child health bill cleared Congress for the first time, Democrats mapped out a strategy to override Mr. Bush�s promised veto.
Democrats and their allies held rallies, broadcast television commercials and made hundreds of telephone calls. They focused initially on 15 House Republicans, many from swing districts and suburban areas. They predicted that most of these lawmakers would switch sides and support the bill. But none did.
As the spending bills that finance federal agencies stalled, partly because of a long Senate immigration debate that ended without producing major legislation, Republicans joined Mr. Bush in insisting that Democrats not exceed the White House�s spending limit. Democratic leaders, who by and large earned their spurs on the appropriation committees, kept waiting for Mr. Bush to cut a deal. But the White House was spoiling for a fight.
�The president as we all know, I can verify this for sure, has been eager all year to veto bills sent to his desk,� Representative Roy Blunt of Missouri, the No. 2 Republican, said Thursday.
Though Democrats had to settle for Mr. Bush�s spending figure, they rewrote parts of the $555 billion spending package to suit their own priorities. And they said that by passing the budget measure, they succeeded where Republicans could not in 2006, while depriving Republicans of the clash they wanted.
Heading into 2008, Republicans say they know they cannot campaign without a more positive agenda than simply thwarting Democrats. Republicans say they are putting together their own proposals on health care and the economy to present to the public.
�I think it�s incumbent upon us to provide solutions to their concerns,� Mr. Boehner said, �but solutions built on our principles.�
Democrats have their own plans. Ms. Pelosi and others say they will revisit elements of the energy legislation that they had to jettison to get the new law enacted. They will have a health care push and major economic legislation to counter the possibility of a looming recession. They will keep the pressure on over Iraq, though the speaker indicated that she might focus more on policy questions and less on money for troops.
And Democrats will try to paint Republicans as the problem. �But for the president and the Bush Republicans in the Senate,� said Senator Harry Reid of Nevada, the majority leader, �we could have accomplished so much more.�
Macaca
05-02 05:32 PM
America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner
With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.
Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.
There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).
Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.
My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.
During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?
Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.
Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.
The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.
So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.
We were really surprised at what we learned. In the next installment, I�ll discuss our findings.
Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial
With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.
Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.
There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).
Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.
My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.
During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?
Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.
Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.
The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.
So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.
We were really surprised at what we learned. In the next installment, I�ll discuss our findings.
Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial
2011 how to do makeup like rihanna
another one
09-29 05:14 PM
I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.
I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...
I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.
I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...
I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.
I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.
I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.
Thought I'd share my experience. Good Luck to All.
more...
hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
unitednations
07-10 03:21 PM
UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
more...
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.
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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pani_6
07-14 08:13 PM
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
more...
redcard
12-23 12:03 AM
I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.
What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.
Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together
I am sure that once muslim community or for that matter any community prospers the radicalism reduces. Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.
About the terrorism was thinking what options does India have to fight against this. Yes military action definitely is an option but it does more harm to India than to Pakistan. Attacking Pakistan, India has a lot to loose while Pakistan has nothing loose. It would make Pakistan from a failing state to a failed state, but would put India years behind as far as economy is concerned and create the biggest headache for India for decades to come. A military confrontation and weakening of Pakistan’s military establishment would let Pakistan slip fully into the hands of Religious fanatics and produce million more terrorist who will be a long-term headache for India.
If one back goes back in the history, Pakistan has lost a lot more than India in the last three wars, and that is the only reason why the establishment in Pakistan including the Military has preferred encouraging and sponsoring cross border terrorism which is of very little cost to Pakistan but a constant headache to India. India has lost more from these terrorist attacks including Kargil war than they would if they had gone through a one time direct confrontation. I personally feel that if India does decide to go in for a military confrontation it has to be long term strategy to occupy the country and wipe out terrorism and help to nurture the economy so that prosperity and wealth creation takes a front seat and religion moves low in the peoples priority. In fact if Pakistan can ever have a strong economy and strong democracy, I am sure the country will move towards a moderate religious society. Lets face it, man is a very selfish being, it will never put its personal prosperity at stake for a larger cause even it that happens to be religion. An example of this is the Middle East Kingdom where the monarchs including the common folk is very possessive about personal wealth and will go to any extent to preserve it.
The only way this can ever happen is by a willing global coalition, which is ready to be there for a long haul and not by India alone. If India did do a quick military action and left the country, Pakistan would move to become another Afghanistan creating the biggest headache for India for decades and decades to come and effectively dragging Indian economy and prosperity.
Its sad that India let this headache linger on for so long, had it taken remedial action by taking control of complete kashmir and installing a pro Indian govt in 1971 we would not be confronting an nuclear dragon with very little option to fight it.
What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.
Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together
I am sure that once muslim community or for that matter any community prospers the radicalism reduces. Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.
About the terrorism was thinking what options does India have to fight against this. Yes military action definitely is an option but it does more harm to India than to Pakistan. Attacking Pakistan, India has a lot to loose while Pakistan has nothing loose. It would make Pakistan from a failing state to a failed state, but would put India years behind as far as economy is concerned and create the biggest headache for India for decades to come. A military confrontation and weakening of Pakistan’s military establishment would let Pakistan slip fully into the hands of Religious fanatics and produce million more terrorist who will be a long-term headache for India.
If one back goes back in the history, Pakistan has lost a lot more than India in the last three wars, and that is the only reason why the establishment in Pakistan including the Military has preferred encouraging and sponsoring cross border terrorism which is of very little cost to Pakistan but a constant headache to India. India has lost more from these terrorist attacks including Kargil war than they would if they had gone through a one time direct confrontation. I personally feel that if India does decide to go in for a military confrontation it has to be long term strategy to occupy the country and wipe out terrorism and help to nurture the economy so that prosperity and wealth creation takes a front seat and religion moves low in the peoples priority. In fact if Pakistan can ever have a strong economy and strong democracy, I am sure the country will move towards a moderate religious society. Lets face it, man is a very selfish being, it will never put its personal prosperity at stake for a larger cause even it that happens to be religion. An example of this is the Middle East Kingdom where the monarchs including the common folk is very possessive about personal wealth and will go to any extent to preserve it.
The only way this can ever happen is by a willing global coalition, which is ready to be there for a long haul and not by India alone. If India did do a quick military action and left the country, Pakistan would move to become another Afghanistan creating the biggest headache for India for decades and decades to come and effectively dragging Indian economy and prosperity.
Its sad that India let this headache linger on for so long, had it taken remedial action by taking control of complete kashmir and installing a pro Indian govt in 1971 we would not be confronting an nuclear dragon with very little option to fight it.
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desi3933
08-06 09:33 AM
Rolling floods,
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...
But doctor asked him to see a lawyer. :D
more...
gomirage
06-05 07:18 PM
Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.
30 year renter vs 30 year home owner? That is not rocket science.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.
30 year renter vs 30 year home owner? That is not rocket science.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
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waitnwatch
05-24 02:18 PM
WaitNwatch,
No. How about you:can you show a study and correlation between outsourcing and salary stagnation ?
Let's be honest and realistic, do you believe that by bringing more workers, how long that would prevent companies from offshoring jobs ? It is true that by not bringing more workers, companies would be more willing to offshore. In my view, companies will offshore regardless in the future. With or without cheaper labor here, they will be tempted to go overseas since the savings are significant, am I right ? At that time is when people has legitimate concerns to control the numbers of newcomers.
Your logic is getting a little simplistic here. I will try to explain the best I can and this is my last post on the topic. Here are a few points. Try to link them together and you will get a sense of the whole logic.
(1) Companies outsource because of cheap labor.
(2) Companies also look elsewhere when there is a shortage.
(3) There are areas other than high tech (e.g. science, mathematics, biotechnology) that need people from outside (including fresh US university graduates).
(4) Other countries will catch up with the US if cutting edge companies donot find enough STEM people.
(5) These other countries with more logical immigration policies will attract talent and the companies will move there.
(4) Graduates in STEM need to get H1B after their practical training.
(5) US does not produce enough STEM graduates and cannot entice foreign students if there are no H1B's available when they enter the job market.
(6) Outsourcing of top science jobs are not only lost jobs but also cause collateral damage and reduce other jobs dependent on that job.
(7) Without the supply of high quality graduates the companies lose their cutting edge and start cost cutting instead of innovating.
There is a national research council report which may be available from the National Academy of Sciences. Foreign STEM's are desperately needed and non-availability of H1B visas means fewer students will come as they are uncertain of getting a H1B. Here is an Indian example: The IIT graduate will go to Bangalore and earn enough from day 1 to own a nice apartment, have a chauffeur and a maid. On the other hand you want him to come to the US to work 6 years on a Ph.D getting a student stipend and no guarantee to stay and work. If you think this top brain will come you should be living in the world of Peter Pan.
No. How about you:can you show a study and correlation between outsourcing and salary stagnation ?
Let's be honest and realistic, do you believe that by bringing more workers, how long that would prevent companies from offshoring jobs ? It is true that by not bringing more workers, companies would be more willing to offshore. In my view, companies will offshore regardless in the future. With or without cheaper labor here, they will be tempted to go overseas since the savings are significant, am I right ? At that time is when people has legitimate concerns to control the numbers of newcomers.
Your logic is getting a little simplistic here. I will try to explain the best I can and this is my last post on the topic. Here are a few points. Try to link them together and you will get a sense of the whole logic.
(1) Companies outsource because of cheap labor.
(2) Companies also look elsewhere when there is a shortage.
(3) There are areas other than high tech (e.g. science, mathematics, biotechnology) that need people from outside (including fresh US university graduates).
(4) Other countries will catch up with the US if cutting edge companies donot find enough STEM people.
(5) These other countries with more logical immigration policies will attract talent and the companies will move there.
(4) Graduates in STEM need to get H1B after their practical training.
(5) US does not produce enough STEM graduates and cannot entice foreign students if there are no H1B's available when they enter the job market.
(6) Outsourcing of top science jobs are not only lost jobs but also cause collateral damage and reduce other jobs dependent on that job.
(7) Without the supply of high quality graduates the companies lose their cutting edge and start cost cutting instead of innovating.
There is a national research council report which may be available from the National Academy of Sciences. Foreign STEM's are desperately needed and non-availability of H1B visas means fewer students will come as they are uncertain of getting a H1B. Here is an Indian example: The IIT graduate will go to Bangalore and earn enough from day 1 to own a nice apartment, have a chauffeur and a maid. On the other hand you want him to come to the US to work 6 years on a Ph.D getting a student stipend and no guarantee to stay and work. If you think this top brain will come you should be living in the world of Peter Pan.
more...
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Macaca
12-28 07:23 PM
In India, a struggle for moderation as a young Muslim woman quietly battles extremism (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/27/AR2010122704519.html) By Emily Wax | Washington Post
Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.
It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.
With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.
The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.
Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.
Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.
Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.
Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.
The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.
Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."
This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.
"The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."
A pervasive fear
Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.
Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.
But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.
In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.
From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.
Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.
The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.
The city slowly calmed, but acts of violence on both sides continued and people remained fearful.
Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."
Silencing women's voices
After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.
The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.
During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.
Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.
In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.
Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.
Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."
"It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."
Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.
But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.
During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."
"But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.
Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.
It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.
With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.
The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.
Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.
Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.
Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.
Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.
The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.
Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."
This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.
"The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."
A pervasive fear
Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.
Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.
But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.
In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.
From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.
Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.
The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.
The city slowly calmed, but acts of violence on both sides continued and people remained fearful.
Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."
Silencing women's voices
After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.
The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.
During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.
Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.
In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.
Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.
Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."
"It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."
Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.
But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.
During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."
"But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.
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anandrajesh
01-28 12:16 PM
Why should anybody listen to this guy? This guy doesnt really represent the facts.
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
The fact is that he is against IMMIGRATION of any form. I am sure he denies the fact that fore-fathers were immigrants and came from a distant land.
more...
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unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
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xyzgc
12-27 12:02 AM
Don't you think Pakistan already knows that?
Do you mean to say that the state and the government of Pakistan did this?
Not at all.
My 90 year old grandmother did this. She was also responsible for setting Taj on fire and attacking Indian senate.
Do you mean to say that the state and the government of Pakistan did this?
Not at all.
My 90 year old grandmother did this. She was also responsible for setting Taj on fire and attacking Indian senate.
more...
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unseenguy
06-20 04:10 PM
Hello Hiralal,
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
I would agree if rent = monthly payment, then buying would make sense. On the west coast ca/or/wa, the rent where i live is 1500 (2b 2b), however; when I buy a house , I want a 4br so that I am in for rest of my life. Those houses are 550K, with monthly payment of 2700 usd per month. Does not make sense to go for it at the moment
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
I would agree if rent = monthly payment, then buying would make sense. On the west coast ca/or/wa, the rent where i live is 1500 (2b 2b), however; when I buy a house , I want a 4br so that I am in for rest of my life. Those houses are 550K, with monthly payment of 2700 usd per month. Does not make sense to go for it at the moment
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unitednations
03-24 01:16 PM
You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
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ThinkTwice
09-26 02:20 PM
The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
alisa
12-30 12:31 AM
So what should India do?
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
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.....
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
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.....
Macaca
12-29 08:19 PM
Troubling China-India ties (http://search.japantimes.co.jp/cgi-bin/eo20101229bc.html) By Brahma Chellaney | Japan Times
The already fraught China-India relationship appears headed for more turbulent times as a result of the two giants' failure to make progress on resolving any of the issues that divide them. Earlier this month, during the first visit in more than four years of a Chinese leader to India, the two sides decided to kick all contentious issues down the road. Instead, Premier Wen Jiabao and Prime Minister Manmohan Singh agreed to expand bilateral trade by two-thirds over the next five years.
But the trade relationship is anything but flattering for India, which is largely exporting primary commodities to China and importing finished products, as if it were the raw-material appendage of a neocolonial Chinese economy. To make matters worse, India confronts a ballooning trade deficit with China and the dumping of Chinese goods that is systematically killing local manufacturing.
The focus on trade even as political disputes fester only plays into the Chinese agenda to gain bigger commercial benefits in India while being free to inflict greater strategic wounds on that country.
India-China relations have entered a particularly frosty spell, with New Delhi's warming relationship with Washington emboldening Beijing to up the ante through border provocations, resurrection of its long-dormant claim to the northeastern Indian state of Arunachal Pradesh, and diplomatic needling. After initially seeking greater cooperation to help dissuade New Delhi from moving closer to the U.S., Beijing shifted to a more-coercive approach following the mid-2005 U.S.-India defense framework agreement and nuclear deal.
Last year relations sank to their lowest political point in more than two decades when Beijing unleashed a psychological war, employing its state-run media and nationalistic Web sites to warn of another armed conflict. The coarse rhetoric of the period leading up to the 1962 Chinese military attack also returned, with the Chinese Communist Party's broadsheet, People's Daily, for example, berating India for "recklessness and arrogance" and asking it to weigh "the consequences of a potential confrontation with China."
Since then, Beijing has picked territorial fights with other neighbors as well, kindling fears of an expansionist China across Asia.
The only area where India-China relations have thrived is commerce. But the rapidly growing trade, far from helping to turn the page on old rifts, has been accompanied by greater Sino-Indian geopolitical rivalry and military tensions, resulting in India beefing up defenses. Tibet remains at the core of the Sino-Indian divide. While Chinese damming of international rivers has helped link water with land disputes, the 30-year-long negotiations to settle territorial feuds have hit a wall and gone off on a tangent.
Little surprise a 20-fold increase in trade in the past decade to $60 billion has yielded a more muscular Chinese policy. In fact, the more China's trade surplus with India has swelled � jumping from $2 billion in 2002 to almost $20 billion this year � the greater has been its condescension toward India.
Trade in today's market-driven world is not constrained by political disputes or even strained ties, unless artificial political barriers have been erected, such as through sanctions. The China-India relations actually demonstrate that booming trade is no guarantee of moderation or restraint between states. Unless estranged neighbors fix their political relations, economics alone will not be enough to create good will or stabilize their relationship.
Yet ignoring that lesson, China and India have left their political rows to future diplomacy to clear up, with Wen bluntly stating that sorting out the border disputes "will take a fairly long period of time." On the eve of his visit, Zhang Yan, the Chinese ambassador to India, publicly acknowledged that, "China-India relations are very fragile and very easy to be damaged and very difficult to repair."
Even as old rifts remain, new issues are roiling relations, including Chinese strategic projects and military presence in Pakistani-held Kashmir and a new policy by China (which occupies one-fifth of the original princely state of Jammu and Kashmir) to depict the Indian-administered portion of that state as de facto independent. It thus has been issuing visas to residents there on a separate leaf, not on their Indian passport. It also has stopped counting its 1,600-km border with Indian Kashmir as part of the frontier it shares with India.
In less than five years, China has gone from reviving the Arunachal Pradesh card to honing the Kashmir card against India. Thanks to China's growing strategic footprint in Pakistani-held Kashmir, India now faces Chinese troops on both flanks of its portion of Kashmir. Indeed, the deepening China-Pakistan nexus presents India with a two-front theater in the event of a war with either country.
China is unwilling to accept the territorial status quo, or enter into a river waters-sharing treaty as India has done with downriver Bangladesh and Pakistan. Yet it wants to focus relations increasingly on commerce, even pushing for a free-trade agreement. With the Western and Japanese markets racked by economic troubles, the Chinese export juggernaut needs a larger market share in India, the world's second fastest-growing economy.
But the current lopsided trade pattern � presenting a rising India as an African-style raw material source � is just not sustainable. China's proven iron-ore deposits, according to various international estimates, are more than 2 1/2 times that of India. Yet China is conserving its own reserves and importing iron ore in a major way from India, to which, in return, it exports value-added steel products. As India ramps up its own steel-producing capacity over the next five years, China will have dwindling access to Indian iron ore.
At present, China maintains nontrade barriers and other mechanisms that keep out higher-value Indian exports, such as information technology and pharmaceutical products; it exports to India double of what it imports in value; it continues to blithely undercut Indian manufacturing despite a record number of antidumping cases against it by India in the World Trade Organization; and its foreign direct investment in India is so minuscule ($52 million in the past decade) as to be undetectable. Such ties amount to lose-lose for India and win-win for China.
As if to underline that such unequal commerce cannot override political concerns, India has refused to reaffirm its support for Beijing's sovereignty over Tibet and Taiwan. India had been periodically renewing its commitment to a "one China" policy, even as Beijing not only declined to make a reciprocal one-India pledge. But in a sign of the growing strains in ties, Wen left for his country's "all-weather" ally, Pakistan, with a joint communique in which India's one-China commitment was conspicuously missing.
Growing Chinese provocations have left New Delhi with little choice but to play hardball with Beijing.
Brahma Chellaney is the author of "Asian Juggernaut" (HarperCollins USA, 2010).
The already fraught China-India relationship appears headed for more turbulent times as a result of the two giants' failure to make progress on resolving any of the issues that divide them. Earlier this month, during the first visit in more than four years of a Chinese leader to India, the two sides decided to kick all contentious issues down the road. Instead, Premier Wen Jiabao and Prime Minister Manmohan Singh agreed to expand bilateral trade by two-thirds over the next five years.
But the trade relationship is anything but flattering for India, which is largely exporting primary commodities to China and importing finished products, as if it were the raw-material appendage of a neocolonial Chinese economy. To make matters worse, India confronts a ballooning trade deficit with China and the dumping of Chinese goods that is systematically killing local manufacturing.
The focus on trade even as political disputes fester only plays into the Chinese agenda to gain bigger commercial benefits in India while being free to inflict greater strategic wounds on that country.
India-China relations have entered a particularly frosty spell, with New Delhi's warming relationship with Washington emboldening Beijing to up the ante through border provocations, resurrection of its long-dormant claim to the northeastern Indian state of Arunachal Pradesh, and diplomatic needling. After initially seeking greater cooperation to help dissuade New Delhi from moving closer to the U.S., Beijing shifted to a more-coercive approach following the mid-2005 U.S.-India defense framework agreement and nuclear deal.
Last year relations sank to their lowest political point in more than two decades when Beijing unleashed a psychological war, employing its state-run media and nationalistic Web sites to warn of another armed conflict. The coarse rhetoric of the period leading up to the 1962 Chinese military attack also returned, with the Chinese Communist Party's broadsheet, People's Daily, for example, berating India for "recklessness and arrogance" and asking it to weigh "the consequences of a potential confrontation with China."
Since then, Beijing has picked territorial fights with other neighbors as well, kindling fears of an expansionist China across Asia.
The only area where India-China relations have thrived is commerce. But the rapidly growing trade, far from helping to turn the page on old rifts, has been accompanied by greater Sino-Indian geopolitical rivalry and military tensions, resulting in India beefing up defenses. Tibet remains at the core of the Sino-Indian divide. While Chinese damming of international rivers has helped link water with land disputes, the 30-year-long negotiations to settle territorial feuds have hit a wall and gone off on a tangent.
Little surprise a 20-fold increase in trade in the past decade to $60 billion has yielded a more muscular Chinese policy. In fact, the more China's trade surplus with India has swelled � jumping from $2 billion in 2002 to almost $20 billion this year � the greater has been its condescension toward India.
Trade in today's market-driven world is not constrained by political disputes or even strained ties, unless artificial political barriers have been erected, such as through sanctions. The China-India relations actually demonstrate that booming trade is no guarantee of moderation or restraint between states. Unless estranged neighbors fix their political relations, economics alone will not be enough to create good will or stabilize their relationship.
Yet ignoring that lesson, China and India have left their political rows to future diplomacy to clear up, with Wen bluntly stating that sorting out the border disputes "will take a fairly long period of time." On the eve of his visit, Zhang Yan, the Chinese ambassador to India, publicly acknowledged that, "China-India relations are very fragile and very easy to be damaged and very difficult to repair."
Even as old rifts remain, new issues are roiling relations, including Chinese strategic projects and military presence in Pakistani-held Kashmir and a new policy by China (which occupies one-fifth of the original princely state of Jammu and Kashmir) to depict the Indian-administered portion of that state as de facto independent. It thus has been issuing visas to residents there on a separate leaf, not on their Indian passport. It also has stopped counting its 1,600-km border with Indian Kashmir as part of the frontier it shares with India.
In less than five years, China has gone from reviving the Arunachal Pradesh card to honing the Kashmir card against India. Thanks to China's growing strategic footprint in Pakistani-held Kashmir, India now faces Chinese troops on both flanks of its portion of Kashmir. Indeed, the deepening China-Pakistan nexus presents India with a two-front theater in the event of a war with either country.
China is unwilling to accept the territorial status quo, or enter into a river waters-sharing treaty as India has done with downriver Bangladesh and Pakistan. Yet it wants to focus relations increasingly on commerce, even pushing for a free-trade agreement. With the Western and Japanese markets racked by economic troubles, the Chinese export juggernaut needs a larger market share in India, the world's second fastest-growing economy.
But the current lopsided trade pattern � presenting a rising India as an African-style raw material source � is just not sustainable. China's proven iron-ore deposits, according to various international estimates, are more than 2 1/2 times that of India. Yet China is conserving its own reserves and importing iron ore in a major way from India, to which, in return, it exports value-added steel products. As India ramps up its own steel-producing capacity over the next five years, China will have dwindling access to Indian iron ore.
At present, China maintains nontrade barriers and other mechanisms that keep out higher-value Indian exports, such as information technology and pharmaceutical products; it exports to India double of what it imports in value; it continues to blithely undercut Indian manufacturing despite a record number of antidumping cases against it by India in the World Trade Organization; and its foreign direct investment in India is so minuscule ($52 million in the past decade) as to be undetectable. Such ties amount to lose-lose for India and win-win for China.
As if to underline that such unequal commerce cannot override political concerns, India has refused to reaffirm its support for Beijing's sovereignty over Tibet and Taiwan. India had been periodically renewing its commitment to a "one China" policy, even as Beijing not only declined to make a reciprocal one-India pledge. But in a sign of the growing strains in ties, Wen left for his country's "all-weather" ally, Pakistan, with a joint communique in which India's one-China commitment was conspicuously missing.
Growing Chinese provocations have left New Delhi with little choice but to play hardball with Beijing.
Brahma Chellaney is the author of "Asian Juggernaut" (HarperCollins USA, 2010).
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