dartkid31
05-17 07:56 PM
Qualified_trash,
IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.
As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.
best,
Berkeleybee
I agree 100 percent. Anyone who believes Lou Dobbs is a friend of LEGAL immigrants probably also believes Tom Tancredo and NumbersUsa Sympathize with legal immigrants. It always ticks me off whenever Tancredo is waxing poetic in the press about how legalizing illegals would be "sending the wrong message to those trying to do it the right way"; when he is actively trying to end all legal immigration. What a tool and hypocrite. Lou Dobbs falls in the same boat. Dont believe their tripe for one second.
IV core members have only 24 hours a day to do IV work and their full time jobs. As such, we have to channel our resources in the most productive way possible. Lou Dobbs is the media equivalent of FAIR, NumbersUSA, Tom Tancredo and company [Do get on to Lexis-Nexis and find out more about him.] We are civil in our encounters with the representatives of these groups, but it is not a productive use of our time to engage with them more than this.
As for dealing with lawmakers -- there too we spend our time productively. We haven't been hanging out with Jeff Sessions and James Sensenbrenner. We use other more reasonable lawmakers to work out deals with the anti-immigrant wing.
best,
Berkeleybee
I agree 100 percent. Anyone who believes Lou Dobbs is a friend of LEGAL immigrants probably also believes Tom Tancredo and NumbersUsa Sympathize with legal immigrants. It always ticks me off whenever Tancredo is waxing poetic in the press about how legalizing illegals would be "sending the wrong message to those trying to do it the right way"; when he is actively trying to end all legal immigration. What a tool and hypocrite. Lou Dobbs falls in the same boat. Dont believe their tripe for one second.
wallpaper Scarlett Johansson and Ryan
desi3933
07-08 07:38 AM
This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."
Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.
Please consult a good attorney ASAP.
Here are details on 245(k) --
For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.
_____________________
Not a legal advice.
nojoke
04-06 04:50 AM
Fide_champ,
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
I hope this is not a joke. You have any idea what kind of downturn we will be facing? Why did Fed jump in to bail out Bear Stearns against all the criticism? What they did is considered illegal by many. But still they did it anyway. Because the Government is very afraid of this shaky economy. We were just few steps away from bank runs.
My friend bought house in Atlanta and within 3 months the builder sold the same model houses for 100k less. We are going to see a 30% to 50% reduction depending on the area.
People who wanted to convince themselves said it will not happen in california. As things started unfolding, they said it will not happen in Bay area. Then they said it will not happen in San Jose and Santa Clara. Now they are saying not in their block.
If you still think a good school will protect your house price, go ahead and catch the falling knife. To give you some idea of what people here are thinking -------------
“Sinclair: ‘But the prices kept going up. At one time, our house was worth over $600,000. In fact, a model just like this they were asking $699,000 — and now things have entirely collapsed.”
“A similar house down the street is already in foreclosure and the bank is entertaining offers for under $200,000.”
“The Sinclairs stopped paying their mortgage in October when the payment jumped from $3,000 a month to $4,000. Now they’re basically squatting in their own home, living there for free. Sinclair: ‘We had to start making some hard choices, which included going into foreclosure on our house and kind of starting again.’”
“Sinclair: ‘We would do it if the equity was there, but in a case where we’re already so behind… Imagine that for five years, say, we’re gonna pay four grand a month and then we’re just gonna be back up at what we bought the house for. We feel like we’re throwing away money.’”
--------------------------------
They are just walking away from their house because they see that their house value is going down. This all will feedback and cause further decline in the prices. Don't think that the prices will be back in 5 years. For someone who bought a house in 1989, it took 8 years to 9 years to get back to their purchase price. This time it will be worse.
Guys, people are talking about Depression and you guys want to buy house in a good school district. These FB(search google what it means), are waiting for some greater fool than themselves to unload their burden. This is why you will be called "greater fool"
If you want to loose your 200K in 2 years, go ahead. It is your money. Don't tell that you weren't warned, like all these mortgage companies and banks who are now saying - "who would have thought it would get this worse".
Land is plentiful in california and NJ. There are building restrictions artificially imposed to keep the prices high. But this is past. No realtors are saying "we are not making any more land" these days. I have been following the housing blogs and they are laughing at Indians who are buying here in Bay area. Do some research before spewing the realtor propaganda and don't compare situation in India with US. Sorry for the rant. I am doing this with good intention to save atleast some of you guys.
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
I hope this is not a joke. You have any idea what kind of downturn we will be facing? Why did Fed jump in to bail out Bear Stearns against all the criticism? What they did is considered illegal by many. But still they did it anyway. Because the Government is very afraid of this shaky economy. We were just few steps away from bank runs.
My friend bought house in Atlanta and within 3 months the builder sold the same model houses for 100k less. We are going to see a 30% to 50% reduction depending on the area.
People who wanted to convince themselves said it will not happen in california. As things started unfolding, they said it will not happen in Bay area. Then they said it will not happen in San Jose and Santa Clara. Now they are saying not in their block.
If you still think a good school will protect your house price, go ahead and catch the falling knife. To give you some idea of what people here are thinking -------------
“Sinclair: ‘But the prices kept going up. At one time, our house was worth over $600,000. In fact, a model just like this they were asking $699,000 — and now things have entirely collapsed.”
“A similar house down the street is already in foreclosure and the bank is entertaining offers for under $200,000.”
“The Sinclairs stopped paying their mortgage in October when the payment jumped from $3,000 a month to $4,000. Now they’re basically squatting in their own home, living there for free. Sinclair: ‘We had to start making some hard choices, which included going into foreclosure on our house and kind of starting again.’”
“Sinclair: ‘We would do it if the equity was there, but in a case where we’re already so behind… Imagine that for five years, say, we’re gonna pay four grand a month and then we’re just gonna be back up at what we bought the house for. We feel like we’re throwing away money.’”
--------------------------------
They are just walking away from their house because they see that their house value is going down. This all will feedback and cause further decline in the prices. Don't think that the prices will be back in 5 years. For someone who bought a house in 1989, it took 8 years to 9 years to get back to their purchase price. This time it will be worse.
Guys, people are talking about Depression and you guys want to buy house in a good school district. These FB(search google what it means), are waiting for some greater fool than themselves to unload their burden. This is why you will be called "greater fool"
If you want to loose your 200K in 2 years, go ahead. It is your money. Don't tell that you weren't warned, like all these mortgage companies and banks who are now saying - "who would have thought it would get this worse".
Land is plentiful in california and NJ. There are building restrictions artificially imposed to keep the prices high. But this is past. No realtors are saying "we are not making any more land" these days. I have been following the housing blogs and they are laughing at Indians who are buying here in Bay area. Do some research before spewing the realtor propaganda and don't compare situation in India with US. Sorry for the rant. I am doing this with good intention to save atleast some of you guys.
2011 Scarlett Johansson, 23
smuggymba
07-28 02:57 PM
what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....
Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
more...
english_august
11-12 08:25 AM
rheoretro Surely there is a distinction between illegal immigrants and Latinos (though I am not sure how thick is the line) but I did say that we cannot have even a whiff of support for illegal immigration be it from any country, including India.
It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.
A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.
Bottom line? Illegal immigration in any form is not acceptable.
It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.
A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.
Bottom line? Illegal immigration in any form is not acceptable.
number30
03-25 01:09 PM
UN I think you are hyping up the current situation too much.
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working
Yes there are raids and arrests,
But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.
I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working
more...
walking_dude
09-29 12:42 PM
Precisely my point! Majority of EB immigrants are pro-Democratic party and possible future contributors to Obama 2012 campaign.
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).
.
Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
I got my green card earlier this year, and one of the first things that I did after getting it was contribute to Obama's primary campaign. Now I've been contributing to his election campaign (I'm sure that there's a public access site you can look up contribution at).
.
2010 Ryan Reynolds, Scarlett
nogc_noproblem
08-06 06:51 PM
George W. Bush, Vladimir Putin, and Bill Gates were called in by God.
God informed them that he was very unhappy about what was going on in this world. Since things were so bad, he told the three that he was destroying the Earth in three days.
They were all allowed to return to their homes and businesses, and tell their friends and colleagues what was happening. God did tell them though, that no matter what they did he was "not" changing his mind.
So, W. went in and told his staff, "I have good news and bad news for you. First the good news . . . there is a God. The bad news is that he is destroying the Earth in 3 days."
Putin went back and told his staff, "I have bad news and more bad news. The first was . . . there is a God. The second was that he is destroying the Earth in 3 days."
Bill Gates went back and told his staff, "I have good news and good news. First . . . God thinks I am one of the three most important people in the world. Second . . . you don't have to fix the bugs in Windows Vista."
God informed them that he was very unhappy about what was going on in this world. Since things were so bad, he told the three that he was destroying the Earth in three days.
They were all allowed to return to their homes and businesses, and tell their friends and colleagues what was happening. God did tell them though, that no matter what they did he was "not" changing his mind.
So, W. went in and told his staff, "I have good news and bad news for you. First the good news . . . there is a God. The bad news is that he is destroying the Earth in 3 days."
Putin went back and told his staff, "I have bad news and more bad news. The first was . . . there is a God. The second was that he is destroying the Earth in 3 days."
Bill Gates went back and told his staff, "I have good news and good news. First . . . God thinks I am one of the three most important people in the world. Second . . . you don't have to fix the bugs in Windows Vista."
more...
dpp
05-16 12:07 PM
No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.
My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons
My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons
hair Ryan-reynolds-435
abracadabra102
07-14 07:28 PM
We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...
God bless us all!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
God bless us all!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
more...
rinku1112
12-28 03:24 PM
While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.
Why now is not the right time?
Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.
Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.
Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.
What will America do?
US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.
Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.
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. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.
For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.
I hope the internal politics inside India dont come in the way of the above goal.
Why now is not the right time?
Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.
Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.
Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.
What will America do?
US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.
Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.
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. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.
For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.
I hope the internal politics inside India dont come in the way of the above goal.
hot Scarlett Johansson and Ryan
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.
more...
house Scarlett Johansson
cinqsit
03-26 02:08 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
tattoo Scarlett Johansson and Ryan
pitha
04-08 05:43 PM
Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.
more...
pictures Scarlett Johansson and Ryan
axp817
03-26 05:20 PM
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
dresses ryan reynolds wedding
nojoke
04-14 01:14 PM
People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
more...
makeup Scarlett Johansson amp; hubs Ryan
Macaca
03-13 08:29 PM
Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
girlfriend +ryan+reynolds+scarlett+
panky72
08-06 03:20 PM
A man dies and goes to hell. There he finds that there is a different hell for each country. He goes to the German hell and asks, "What do they do here?" He told," First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the German devil comes in and beats you for the rest of the day."
The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.
Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"
"Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!
The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.
Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"
"Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!
hairstyles for Scarlett Johansson.
NKR
08-06 04:15 PM
That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.
EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�
If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.
EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�
sanju
04-07 05:54 PM
I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
Macaca
12-30 06:24 PM
3. The status of Tibetans in India proves that India is meddling in China�s internal affairs
If, for China, resolving the Tibet issue has to come at the price of demanding unreasonable concessions from India, it would be an unfair situation to present to India. India�s position on Tibet has evolved over the years. India has demonstrated a fine balance on Tibet as a humanitarian concern (with Tibetans settled in India) and the risks of using Tibet as some sort of a political trump card. The latter largely remains an insinuation against India � at least over the last quarter century, and has failed to be reflected in China�s foreign policy towards India. Today the tail seems to be wagging the dog since China suspects India of covertly using Tibet and the Dalai Lama for furtherance of some political goal.
Such misperception is in contrast to China�s relatively muted antipathy to those countries that issue a visa to or host Rebiya Kadeer in exile (Virginia, USA), or where the Tibetans are better organized (USA, Australia and several parts of Europe). In any case China would be aware that India has refrained from seeking alliances in the Southeast and East Asian region. Likewise, it is counter productive for elements in the Indian strategic community or media to play-up the �Tibet card� (whatever that means) or indulge in political gimmickry that reflects insensitivity towards the core concerns of either side.
Policy Focus: India has to maintain a balance between �justice� and �fairness� on the issue of Tibetans living in India, and the risks of political opportunism that could be associated with insensitivity towards China�s concerns. This principle when applied to India�s own core concerns vis-�-vis China could lead to better diplomacy based on the principle of reciprocity.
4. China engages in doublespeak � political statements of intent differ from actions
The recent row over the arrest of Chinese fishermen in Senkaku/Diaoyutai islands, and the detainment of the captain of the Chinese fishing boat, raised concerns about whether such pin-pricking was part of China�s national strategy. Similar pin-pricking happens on the Line of Actual Control (LOAC) on the India-China border where alleged incursions by PLA soldiers are often amplified in the Indian media. With imperfect information on these matters, one can assume that Beijing would have spelt out a policy direction to go �hard� or �soft� on fishing, for instance, in contested waters (Senkaku/Diaoyutai dispute), but China�s coastal marine and fishing administration may have decided to err on the
side of caution.
The same reasoning may, for all we know, apply when the ilitary on either side of the LOAC patrol the disputed boundary. Beijing may have a policy line on �border vigilance�, which division level PLA officers implement by opting to err on the side of caution by �proactive border patrolling�. While the benefit of doubt could be extended for occasional misunderstandings on any front, it is really up to Beijing to clarify whether pin-pricking as a manifest behaviour results from overzealous implementation on the ground or is a real instrument of policy, which is what is suspected by some Chinawatchers in India. If China feels it has been misunderstood in all these instances, one should extend the benefit of doubt to the leadership in China.
This could apply to the issue of stapled visas to Indians from Jammu and Kashmir (J&K) as well. That the visa issue was �administrative,� as Premier Wen Jiabao has clarified, makes China�s political stand reasonably clear. Then it is for China to reconcile. Accumulating such irritants over time undermines security since most people would only read the direct military and administrative challenge posed to India through such acts. It would be na�ve to assume that such incidents would be consequence free and that in the long run public dividends from the salience of an India-China partnership would remain unaffected.
Policy Focus: India should not draw itself into diplomatic situations that make it appear uncompromising. Hence, more institutional channels could be opened up between ministerial counterparts (water, power, trade and commerce, border, education, foreign affairs i.e. multilateral negotiations, and other areas) and even between political parties in order to propose more pluralistic options on areas of contention or interest for both countries.
5. China has not addressed India�s concerns on Pakistan
While several elements in the China-Pakistan relationship remain antithetical to India�s core concerns, it is futile to forever assess the relationship climate of China and Pakistan as impinging excessively on the health of India-China relations. Such a pursuit does not leave enough room for upgrading the India-China relationship. The classic case is that of the US-Pakistan relationship which for most of the Cold War years and even subsequently did not hinder a drastic upgradation in India-US relations in this decade, when the ground was favourable for the United States to recalibrate its foreign policy on South Asia. Similar room for upgradation of the India-China relationship is essential.
More importantly, what should be expected from a Head of State/Government visit? Was there any resolution on matters relating to currency revaluation, or environment or human rights during Obama�s visit to China in 2009? Did the November 2010 Joint Statement of Prime Minister Manmohan Singh and President Obama affirm the status of Jammu and Kashmir, or even mention Kashmir in the entire text? When it comes to the Indian state of Jammu & Kashmir, India is confident of not involving the United States as a party to the resolution of the Kashmir issue. Obama�s offer to �delegate� regional policing in South Asia to China in 2009 was rebuffed by India, and China has only distanced itself from that issue. The question of seeking clarification from China on its neutrality on Kashmir is one thing. However, since when did seeking China�s affirmations on the status of Jammu and Kashmir become imperative for a Joint Statement?
The China-Pakistan relationship does not thrive on what is casually assumed to be a singular anti-India agenda. China�s relationship with Pakistan as a window to the Islamic world often receives muted attention. Since 2009 foreign policy challenges for China arising from condemnation and criticism from Turkey, Iran and Indonesia, in particular, and the Organization of the Islamic Conference (OIC) over the handling of the Uighurs in Xinjiang region have become acute. While liberal democratic sympathies from the West for Uighurs exists, the prospect of pan-Islamic support for the Uighur cause (on the lines of threats
issued by militant preachers such as Abu Yahya al-Libi) is not something China would want to see in its troubled West. From a utilitarian perspective, Pakistan (with a majority Sunni population) serves perfectly fine as a window to the Islamic world, which China could use to placate concerns or grievances against the Chinese state being anti-Muslim in its handling of Xinjiang (most Uighurs practice a moderate form of Sunni Islam).
Policy focus: China and India interaction, particularly in the academic arena, are fewer than the number of Indians and Chinese in conference-circulation in the United States and Europe. This observation is more intuitive, than empirical, but doesn�t seem inaccurate. Greater discussion and engagement to develop a wider and pluralistic understanding of contentious issues would go a long way in understanding each others� concerns. A �semester abroad� programme for researchers or faculty in academic and research institutions from both sides could go a long way in building civic networks.
Conclusion
Both India and China have new avenues to pick up the threads, as it were. Even on the issue of India�s claim for a UNSC permanent seat, the Joint Communiqu� this time reads: �China attaches great importance to India�s status in international affairs as a large developing country, understands and supports India�s aspiration to play a greater role in the United Nations, including in the Security Council� (emphasis added).
Prime Minister Manmohan Singh, and Premier Wen Jiabao have affirmed the idea of
�there being enough space to accommodate the growth of China and India, and for both to cooperate.� This space needs to be nurtured further and the coming year, the Year of China-India Exchange, should be a starting point to engage with China in the shaping of institutional norms for mutual growth and development.
If, for China, resolving the Tibet issue has to come at the price of demanding unreasonable concessions from India, it would be an unfair situation to present to India. India�s position on Tibet has evolved over the years. India has demonstrated a fine balance on Tibet as a humanitarian concern (with Tibetans settled in India) and the risks of using Tibet as some sort of a political trump card. The latter largely remains an insinuation against India � at least over the last quarter century, and has failed to be reflected in China�s foreign policy towards India. Today the tail seems to be wagging the dog since China suspects India of covertly using Tibet and the Dalai Lama for furtherance of some political goal.
Such misperception is in contrast to China�s relatively muted antipathy to those countries that issue a visa to or host Rebiya Kadeer in exile (Virginia, USA), or where the Tibetans are better organized (USA, Australia and several parts of Europe). In any case China would be aware that India has refrained from seeking alliances in the Southeast and East Asian region. Likewise, it is counter productive for elements in the Indian strategic community or media to play-up the �Tibet card� (whatever that means) or indulge in political gimmickry that reflects insensitivity towards the core concerns of either side.
Policy Focus: India has to maintain a balance between �justice� and �fairness� on the issue of Tibetans living in India, and the risks of political opportunism that could be associated with insensitivity towards China�s concerns. This principle when applied to India�s own core concerns vis-�-vis China could lead to better diplomacy based on the principle of reciprocity.
4. China engages in doublespeak � political statements of intent differ from actions
The recent row over the arrest of Chinese fishermen in Senkaku/Diaoyutai islands, and the detainment of the captain of the Chinese fishing boat, raised concerns about whether such pin-pricking was part of China�s national strategy. Similar pin-pricking happens on the Line of Actual Control (LOAC) on the India-China border where alleged incursions by PLA soldiers are often amplified in the Indian media. With imperfect information on these matters, one can assume that Beijing would have spelt out a policy direction to go �hard� or �soft� on fishing, for instance, in contested waters (Senkaku/Diaoyutai dispute), but China�s coastal marine and fishing administration may have decided to err on the
side of caution.
The same reasoning may, for all we know, apply when the ilitary on either side of the LOAC patrol the disputed boundary. Beijing may have a policy line on �border vigilance�, which division level PLA officers implement by opting to err on the side of caution by �proactive border patrolling�. While the benefit of doubt could be extended for occasional misunderstandings on any front, it is really up to Beijing to clarify whether pin-pricking as a manifest behaviour results from overzealous implementation on the ground or is a real instrument of policy, which is what is suspected by some Chinawatchers in India. If China feels it has been misunderstood in all these instances, one should extend the benefit of doubt to the leadership in China.
This could apply to the issue of stapled visas to Indians from Jammu and Kashmir (J&K) as well. That the visa issue was �administrative,� as Premier Wen Jiabao has clarified, makes China�s political stand reasonably clear. Then it is for China to reconcile. Accumulating such irritants over time undermines security since most people would only read the direct military and administrative challenge posed to India through such acts. It would be na�ve to assume that such incidents would be consequence free and that in the long run public dividends from the salience of an India-China partnership would remain unaffected.
Policy Focus: India should not draw itself into diplomatic situations that make it appear uncompromising. Hence, more institutional channels could be opened up between ministerial counterparts (water, power, trade and commerce, border, education, foreign affairs i.e. multilateral negotiations, and other areas) and even between political parties in order to propose more pluralistic options on areas of contention or interest for both countries.
5. China has not addressed India�s concerns on Pakistan
While several elements in the China-Pakistan relationship remain antithetical to India�s core concerns, it is futile to forever assess the relationship climate of China and Pakistan as impinging excessively on the health of India-China relations. Such a pursuit does not leave enough room for upgrading the India-China relationship. The classic case is that of the US-Pakistan relationship which for most of the Cold War years and even subsequently did not hinder a drastic upgradation in India-US relations in this decade, when the ground was favourable for the United States to recalibrate its foreign policy on South Asia. Similar room for upgradation of the India-China relationship is essential.
More importantly, what should be expected from a Head of State/Government visit? Was there any resolution on matters relating to currency revaluation, or environment or human rights during Obama�s visit to China in 2009? Did the November 2010 Joint Statement of Prime Minister Manmohan Singh and President Obama affirm the status of Jammu and Kashmir, or even mention Kashmir in the entire text? When it comes to the Indian state of Jammu & Kashmir, India is confident of not involving the United States as a party to the resolution of the Kashmir issue. Obama�s offer to �delegate� regional policing in South Asia to China in 2009 was rebuffed by India, and China has only distanced itself from that issue. The question of seeking clarification from China on its neutrality on Kashmir is one thing. However, since when did seeking China�s affirmations on the status of Jammu and Kashmir become imperative for a Joint Statement?
The China-Pakistan relationship does not thrive on what is casually assumed to be a singular anti-India agenda. China�s relationship with Pakistan as a window to the Islamic world often receives muted attention. Since 2009 foreign policy challenges for China arising from condemnation and criticism from Turkey, Iran and Indonesia, in particular, and the Organization of the Islamic Conference (OIC) over the handling of the Uighurs in Xinjiang region have become acute. While liberal democratic sympathies from the West for Uighurs exists, the prospect of pan-Islamic support for the Uighur cause (on the lines of threats
issued by militant preachers such as Abu Yahya al-Libi) is not something China would want to see in its troubled West. From a utilitarian perspective, Pakistan (with a majority Sunni population) serves perfectly fine as a window to the Islamic world, which China could use to placate concerns or grievances against the Chinese state being anti-Muslim in its handling of Xinjiang (most Uighurs practice a moderate form of Sunni Islam).
Policy focus: China and India interaction, particularly in the academic arena, are fewer than the number of Indians and Chinese in conference-circulation in the United States and Europe. This observation is more intuitive, than empirical, but doesn�t seem inaccurate. Greater discussion and engagement to develop a wider and pluralistic understanding of contentious issues would go a long way in understanding each others� concerns. A �semester abroad� programme for researchers or faculty in academic and research institutions from both sides could go a long way in building civic networks.
Conclusion
Both India and China have new avenues to pick up the threads, as it were. Even on the issue of India�s claim for a UNSC permanent seat, the Joint Communiqu� this time reads: �China attaches great importance to India�s status in international affairs as a large developing country, understands and supports India�s aspiration to play a greater role in the United Nations, including in the Security Council� (emphasis added).
Prime Minister Manmohan Singh, and Premier Wen Jiabao have affirmed the idea of
�there being enough space to accommodate the growth of China and India, and for both to cooperate.� This space needs to be nurtured further and the coming year, the Year of China-India Exchange, should be a starting point to engage with China in the shaping of institutional norms for mutual growth and development.
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