Tuesday, July 5, 2011

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  • unitednations
    07-08 05:31 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!


    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.

    ----------------------------------------------------

    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.




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  • nogc_noproblem
    08-08 11:23 PM
    Just ignore those useless weeds (who don�t know what �joke� means), not only in this thread, even in real life also.

    They will neither be happy themselves nor like others having fun as well.

    I am giving you green.

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up:rolleyes:




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  • gc_chahiye
    08-02 07:38 PM
    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.

    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.




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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.



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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.




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  • unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.


    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.



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  • Macaca
    02-13 10:58 AM
    Hires of the Week (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

    After 16 years as chief of staff to Sen. Richard J. Durbin (D-Ill.), Ed Greelegs has joined Kenneth Levine, a veteran Democratic lobbyist, to form Levine & Greelegs, a lobbying firm affiliated with Downey McGrath Group. Durbin is the Senate's second-ranking Democrat.

    Dan Shapiro, former deputy chief of staff to Sen. Bill Nelson (D-Fla.), was hired by Timmons and Company. Shapiro replaces Joab M. "Joey" Lesesne III, who was hired by the media company Cox Enterprises, a Timmons client, as a vice president in Washington.

    Chellie Pingree is stepping down as president of Common Cause after four years to return to her home state of Maine to pursue a possible run for Congress. Executive Vice President Jon Goldin-Dubois will assume Pingree's duties until a permanent successor can be named.

    After the Democratic victories in November -- and facing major railway legislation this year -- Union Pacific, America's largest railroad, has named Thomas "Mack" McLarty, who served as President Bill Clinton's chief of staff, to its board of directors. He joins another former White House chief, Andrew H. Card Jr., who served President Bush, and who became a director last summer.




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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.



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  • mxh72c
    07-14 08:55 AM
    CIR is coming BACK in 2009! The only change that will happen in immigration is CIR due to the pandering politics. IV and all its members focus should be ensuring CIR is not passed on the backs of EB green cards. The group most likely to be screwed over will be EB3. All our energies and money should be on CIR and that we have a seat on the table when these compromises are made.




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  • nogc_noproblem
    08-06 11:53 AM
    A man went into the proctologist's office for his first exam.

    The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.

    A tube of K-Y jelly; A rubber glove; and A beer.

    When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"

    At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......

    Dam it Helen! I said a BUTT LIGHT



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  • satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?


    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...


    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.




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  • vroapp
    04-12 03:05 PM
    agree.



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  • Macaca
    05-18 05:15 PM
    How the Middle East’s uprisings affect China’s foreign relations (http://www.eastasiaforum.org/2011/05/17/how-the-middle-east-s-uprisings-affect-china-s-foreign-relations/) By Shi Yinhong | Renmin University of China

    The recent uprisings in Tunisia, Egypt, Libya and elsewhere in the Middle East have important consequences for China’s foreign relations.

    With Washington becoming increasingly preoccupied with the Middle East, it will have less opportunity to focus on China. At the same time, the return of a US policy aimed at promoting democratisation could have a destabilising effect on Sino–US relations. China might reassess how it shapes its relations with highly repressive regimes, and it will have to take into account that Western countries are now better positioned to push resolutions aimed at intervening in certain types of countries through the UN Security Council (UNSC).

    The uprisings run counter to assumptions that the predominant struggle in Middle Eastern politics is between US-backed authoritarian regimes and Islamic fundamentalism. Instead, the recent revolts involve a third force — the ‘urban underdogs.’ These popular movements are largely disorganised, have no leaders and are not based on clearly defined ideas. The uprisings are the outcome of poor economic conditions, the authoritarian suppression of fundamental liberties, and the highly corrupt nature of the ruling elite. Situational factors also play a role: the spill over effect from revolts in one country to the next; the availability of modern forms of communication to enable mobilisation; the use of symbolic places for mass gathering (in the case of Tahrir Square in Cairo); overwhelming attention from the West; and the policy inclinations of the US and European governments.

    As the Arab world transforms, becoming more tumultuous along the way, Washington will face new dilemmas, and the fight against terror will no longer be overwhelmingly dominant. ‘Pushing democracy’ has returned as a major foreign policy theme in Washington as the uprisings partially restore the West’s self-confidence, battered from the financial crisis.

    All of this has major implications for China’s foreign relations. Washington’s deeper involvement in the Middle East is favourable to Beijing, reducing Washington’s ability to place focused attention and pressure on China. But, conversely, the partial return of the push for democracy is not to the benefit of China or stable Sino–US relations. China may need to reconsider its quite amicable relationships with regimes that are repressive, corrupt and have little popular support. Beijing is insufficiently prepared to deal with dramatic political changes in such countries, clearly shown in the past when China’s relations with Iran (1979), Romania (1989) and Serbia (1999) were severely affected. This happened more recently in Zimbabwe, and now also in Egypt and Sudan. Other countries where similar developments could take place are Burma, North Korea and perhaps also Pakistan.

    The Middle Eastern turmoil is also relevant to China’s domestic stability. Some activists in and outside China are hoping for a ‘Chinese jasmine revolution.’ Beijing overreacted somewhat, particularly in the early days, by taking strong domestic security precautions despite no signs of widespread activism in China. This may have been the activists’ immediate purpose: to embarrass the Chinese government and to show its lack of self-confidence to the world and the Chinese public. This in turn could make Beijing more hesitant about deepening economic and political reforms.

    The uprisings are also affecting China’s international position with regard to the issue of intervention. Beijing probably believed they had no choice other than to allow the UNSC to adopt Resolution 1973, which gave the international community the authority to establish a no-fly zone over Libya. It was clear that the US, France and the UK were resolutely determined to launch a military strike, and certain Arab and African countries supported and even intended to join the intervention. Had Beijing vetoed the resolution, China’s relations with both the West and the Arab countries involved would have been severely strained — and the West would have still launched their attack anyway. This was a hard decision for China: Resolution 1973 could form a dangerous precedent in international law, as previous norms have been revised in favour of armed intervention in a domestic conflict. In the future, the US and its allies might reapply this, potentially to the detriment of China’s interests.

    China’s hope for stable Sino–US relations following the state visit of Chinese President Hu Jintao to the US in January 2011, and China’s important relationship with Saudi Arabia, had induced Beijing to abstain from using its veto in the UNSC. Moreover, if a similar case does occur in the foreseeable future, it seems rather unlikely that China or Russia would use their veto in order to protect the principle of non-interference. Consequently, the US and its associates in the UNSC might very well see an opportunity to act resolutely in the coming years, with the aim of effecting intervention in other countries, comparable to Libya, a country first of all not allied with them and far distant from them. This is an opportunity that has likely not escaped Washington’s attention.

    Shi Yinhong is Professor of International Relations and Director of the Center on American Studies at Renmin University of China in Beijing

    Ferguson vs. Kissinger on the future of China, and what it means for the rest of us (http://ricks.foreignpolicy.com/posts/2011/05/17/ferguson_vs_kissinger_on_the_future_of_china_and_w hat_it_means_for_the_rest_of_us) By Thomas E. Ricks | Foreign Policy
    Getting China Ready to Go Abroad
    Companies need to revamp management structures and customer service before they can compete globally. (http://online.wsj.com/article/SB10001424052748703509104576328842793701106.html)
    By KEVIN TAYLOR | Wall Street Journal
    Chinese Spreading Wealth Make Vancouver Homes Pricier Than NYC (http://www.bloomberg.com/news/2011-05-16/chinese-spreading-wealth-make-vancouver-homes-pricier-than-nyc.html) By Yu and Donville | Bloomberg
    China shafts Philippine mines (http://atimes.com/atimes/Southeast_Asia/ME19Ae01.html) By Joel D Adriano | Asia Times
    Is This the China that Can't? (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3200&Itemid=422) By John Berthelsen | Asia Sentinel
    China's Bold New Plan for Economic Domination (http://www.theatlantic.com/international/archive/2011/05/chinas-bold-new-plan-for-economic-domination/239041/) By Abraham & Ludlow | The Atlantic




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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..



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  • Macaca
    02-13 10:58 AM
    Hires of the Week (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)

    After 16 years as chief of staff to Sen. Richard J. Durbin (D-Ill.), Ed Greelegs has joined Kenneth Levine, a veteran Democratic lobbyist, to form Levine & Greelegs, a lobbying firm affiliated with Downey McGrath Group. Durbin is the Senate's second-ranking Democrat.

    Dan Shapiro, former deputy chief of staff to Sen. Bill Nelson (D-Fla.), was hired by Timmons and Company. Shapiro replaces Joab M. "Joey" Lesesne III, who was hired by the media company Cox Enterprises, a Timmons client, as a vice president in Washington.

    Chellie Pingree is stepping down as president of Common Cause after four years to return to her home state of Maine to pursue a possible run for Congress. Executive Vice President Jon Goldin-Dubois will assume Pingree's duties until a permanent successor can be named.

    After the Democratic victories in November -- and facing major railway legislation this year -- Union Pacific, America's largest railroad, has named Thomas "Mack" McLarty, who served as President Bill Clinton's chief of staff, to its board of directors. He joins another former White House chief, Andrew H. Card Jr., who served President Bush, and who became a director last summer.




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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)



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  • h1techSlave
    09-26 05:06 PM
    Going thru Obama's comments, he is sure to put a stop on H1B visas in the name of keeping American jobs in America. Then what would happen is that all American companies will send their whole IT departments to India. The end result will be that there would not be any decent paying jobs in this country.

    CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.

    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.




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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.




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  • hiralal
    06-21 08:19 AM
    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
    just thought I would add this as a joke :) ..Personally I have always wanted one house on the Moon and one in Mars ..Earth is too crowded and some countries have big problems in giving us plastic cards which are green in color ;) ..I just want to get away from that.
    ---------------------------------------------------------------------------------
    That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
    if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
    as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
    I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied




    rsdang
    08-29 10:59 AM
    A drunk walks out of a bar with a key in his hand and he is stumbling back and forth.

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

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

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

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

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

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

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




    senthil1
    05-17 02:08 PM
    Anyhow there are more chances for increasing H1b numbers at this situation with some restrictions(Our Indian companies will easily find a loophole for any law).Banning of H1B for bodyshopping or consulting will be impossible. Wait and watch for how CIRcus unfolds for next few weeks.

    Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.



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