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  • jonty_11
    08-02 12:07 PM
    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
    I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
    Only when they managed something like July VB fiasco ...did it raise eyebrows.





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  • sledge_hammer
    12-24 12:00 PM
    You, being an Indian by nationality, hate India so much and I can only imagine what a Pakistani terrorist would think! You were born in India, got your education from there, have friends and family there, but still, in a heart beat, side with the terrorists that kill innocent Indians.

    I've heard this numerous times and I now know it for a fact - Muslims love their religion more than the country. It is, now even more clear, who MOST Indian muslims will side with in case of a dispute between India and Pakistan.

    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
    http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    http://news.bbc.co.uk/2/hi/south_asia/6074994.stm

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!





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  • acecupid
    08-06 06:17 PM
    A young man walked into a jewelry store one Friday evening with a
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  • Mahatma
    10-02 09:10 AM
    Dear Ivians,


    I have not read all the mails. However, I want to express very naive thoughts (without a reading bias from previous mails) for now. I might reconsider some notions by the weekend until I am satisfied.

    I have studied Obama, CIR and immigrants plights all these years. Here is what I think could be positive:

    Obama is the kind of leader whao gets at the bottom the issues and tries to do the right thing (Watch Clinton's Florida speech, Oct 01, 2008 as to why he likes Obama!). He has the leadership skills and the strength of character to sway enough votes for any legislation including CIR. To me, so far he has shown Lincolnian charm. He is a serious guy who wants to do the right thing.

    He would try to balance middle class american families and unemployment situation. When close to half a millions jobs are lost, it is illconceivable for anybody to push for immigration reform eventhough we may be on the right side of justice and victim of broken system.

    There may be some tough situations for immigrants such as less outsourcing, american worker priority and other programs to promote STEM within the company. However, he will be the person to stand up for plights of tech workers. He understands the need and benefits of tech-immigration. As far as I know, his voting for H1 and CIR has been positive. It will be Obama and not someone elase whao will decide the policy. Durbin might tie the loose ends.

    My feeling is this: Let us trust this man. Explain to him through IV and any other channels our problems and how it impacts present and future of America. If we could successfully argue (by all pure means) for a "A business model where tech-immigrants bring benefits and rate of returns in a much higher and assured fashion than the stock market", we could win this debate.

    We are dealing with reasonable, smart and patriotic people. We need to continue to explore better methods to effectively communicate and win the deal. It is all about intellectual exercise to win a deal....

    It is always prudent to have back up plans, however, it should not distract us too much.

    haven't we agreed that GC is only worth so much and we do not want to have our life hostage to GC. At the same time, timely GC status gives better control of our career and discharging our family obliations. Sooner is better. However, we could do only so much.

    Let us continue to do our best and hopefully with a new administration, we would learn new equations.

    I trust in the ability of IV and IV-sympathetic constituencies to bring us deserved reward and recognition sooner rather than later.

    Staying positive, continuing to learn (lobbying and swaying), adapting to the environment (what are the business needs of main street and wall street and how leaders perceive those) and doing our best (use best of our minds and achess game of life.....a special gift of God to Indians and others) and learn to be happy.

    Remember, this is the first stroke of my pen.... I might revisit and reconsider some thoughts based on what most others are thinking.



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  • xyzgc
    12-21 01:40 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.


    The Muslim minority in India is a supporter of Pakistan and its terror actiities. Not for the most part, but a tiny fraction and that is enough to create havoc in the country. We have our internal enemies with external linkages.


    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.


    I agree with you that they should not be embarassed. They have done nothing wrong but these incidents have also created room for self-introspection. Why is it that the muslims all over the world are projected as trouble-makers? Its high time that muslim intellectuals give this question a proper consideration rather than simply sweep it under the carpet saying that we didn't do all of this/we are being attacked as minorities/it emanates from poverity and lack of education and so on.


    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results


    Well said, nobody on IV forums will advocate killing innocent Pakistanis. Many will support such precise bombings. We don't want to turn India into another terrorist nation.


    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.


    Yes the internal problems must be addressed. I agree with you. I completely condemn the attacks on innocent christians and muslims. Its sad and its embarassing for me despite the fact that I didn't have any role to play in it. But that has to be done without any discriminations.
    Uniform civil code (http://en.wikipedia.org/wiki/Uniform_Civil_Code) must be implemented. Muslim appeasement politics must be stopped by Congress party. We don't want to see any repeats of Shah Bano (http://en.wikipedia.org/wiki/Shah_Bano_case) cases. No special Shariat laws for Muslims.
    Hindus must be allowed to procure land in Kashmir, unconditionally. Kashmiri pandits who have lost everything in Kashmir must be reinstated. Article 370 (http://en.wikipedia.org/wiki/Article_370) must be abolished.


    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this


    I would not ignore Gujarat and Orissa as much as I would not ignore Godhra massacre. I agree the guilty be brought to justice and punished.
    Its difficult to do it internally and its more than difficult to do it for our external enemies.
    But it doesn't make your point invalid.





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  • WaitingYaar
    04-05 05:12 PM
    jung.lee

    The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail. Furthermore, it is worth noting that if one is buying the property for personal consumption or for invetment. If for invetment, then I agree with your assesment, but if you are buying for yourself, it always a good time :-) Home sweet home!! Also always wise to pay your own mortgage than anyone else's.

    Also, if the housing goes down further, you would see a much broader threat to the economy, so i feel that all will be done to contain it. We are currently at 2004 prices, and in some areas escalations on the foreclosed properties are are being seen.... So it tells something, that buyers who have been holding the cash are started to look around. But the inventory being so high that it may some sometime. However, the interest rates may not be friendly for long because of the inflation threat and considering the risks associated with the mortgages. So, this time with low rates, and low house pricess may not last long since these two things are generally inversly proportional!!



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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.





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  • H1B-GC
    02-23 10:35 AM
    As the Article says,Lou Dobb defends Legal Immigration in an Interview with Newsweek which is total Crap . He Attacked H1B Program on his Daily Show and the Guest was no Doubt Kim Berry to give his Input. These things make everyone laugh at Lou Dobbs , the Lofer.



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  • mihird
    07-15 04:34 PM
    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.

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

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

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

    I think, it is long due..





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  • desi3933
    08-05 03:39 PM
    Don't remember exactly, I can look into the wording of the law but I think post bachelor 5 year experience for EB2 is a law and not Memo.

    Incorrect. Law does not mention 5 years. It simply says advanced degrees or their equivalent. Read for yourself (again!)

    ----------------------------------------------------------------
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    Sec. 203. [8 U.S.C. 1153]

    ....
    ....
    ....

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.


    .....



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  • nojoke
    06-26 04:35 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.





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  • srkamath
    07-13 12:16 PM
    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.



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  • masaternyc
    05-13 05:15 PM
    Its fair Too





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  • unitednations
    03-24 04:08 PM
    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?


    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.



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  • Marphad
    12-18 12:11 PM
    I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
    his initial verbage was not good.. but what he asked later was completely justified..
    All the people in the van, in which Karkare was killed, died except one Hawaldar..
    And all the top cops in the same van at the same time, somethings needs to be justified..

    True. No doubt this needs investigation. But Antulay's intentions were horrible.





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  • Ramba
    09-26 06:33 PM
    Barack Obama the socialist with his protectionist\restrictionist measures will not create jobs but will destroy the capitalist america. In addition to "creating" jobs by stopping "JOBS BEING SHIPPED OVERSEAS", he will also "create" jobs by kicking you and me out of USA. Lookout for draconian H1b restrictions, points based system, removal of AC21 and amnesty for illegals by obama-kennedy-durbin CIR. Not sure MCcain would do anything for us but one thing for sure he wont be anti to eb folks. Just like Bush who might not have done anything for us but atleast during the july 2007 visa bulletin fiasco his administration (chertof, rice ) atleast reversed the July bulletin after the flower campaign. Durbin-obama would thrown the flowers on our face and kick us out.

    This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.



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  • amsgc
    07-15 12:01 AM
    Pani,

    I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.

    Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.

    I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.





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  • nk2006
    09-29 05:10 PM
    Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.

    I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.

    The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.





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  • Macaca
    03-05 09:08 AM
    Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)

    A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.

    Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.

    Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.

    Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.





    abcdgc
    12-27 01:06 AM
    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.

    Why are you so obsessed with Jews? No reason to go in circles trying to obfuscate the subject.

    Are you not from Pakistan? Why are you asking others to explain the reason why Pakistani Prime Minister/Foreign Minster and ISI is doing what they are doing? Shouldn't you be the one to explain why they are doing all this drama? Why are you asking others to explain why your country is behaving erratically?





    willwin
    07-13 04:05 PM
    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......

    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.



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