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  • sandy_anand
    05-30 04:56 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    Well said Riva2005!





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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94





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  • mbartosik
    04-09 12:38 AM
    There are a few banks with names like "first immigrant bank" around NY.
    If they turned you down, you could say, hey, just remind me what the name of the bank is?

    Of course H1B, L1, J1 are non-immigrant visas (with dual intent) to be more precise. But you get the joke.

    You might consider using a mortgage broker.
    They get commission on the loan so they will work harder to find something. Only be careful they don't stick you with something with crap terms. Also if you give a deposit make it not only contingent on mortgage, but contingent on mortgage at no more than X% APR and Y mortgage terms, that way if the mortgage company changes the deal at closing (bait and switch - dirty practice - more likely to occur with a broker) then you can just get your deposit back and walk away. In this market, a small deposit (if any) should be acceptable.

    Also if the realtor selling the property is a licensed mortgage broker, after you have agreed a price, you could use them to get your mortgage. There is an obvious conflict of interest and you are trying to work it to your advantage. If they cannot find you a mortgage with terms that you like they lose on both sides of the deal! That's what I did, and I'm very happy with the mortgage deal I got.

    Also do research on mortgage terms. Understand what is ARM, LIBOR, t-note, types of fees and penalties, you are high skilled -- do your research so you know as much as the mortgage broker on technical terms. If you understand the terms and they know that you know, then you will be taken more seriously.





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  • Rolling_Flood
    08-05 08:19 AM
    Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

    However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

    I can provide more details in a week or so, when i have my final draft plan ready.

    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.



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  • desi3933
    08-06 09:33 AM
    Rolling floods,
    What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...

    But doctor asked him to see a lawyer. :D





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  • rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR



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  • axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org





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  • Macaca
    12-30 07:15 PM
    Binayak Sen: India's war on a man of peace
    A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian

    More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.

    Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."

    The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.

    As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.

    Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.

    Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.

    But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.

    Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.

    The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?



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  • LostInGCProcess
    01-08 01:05 PM
    I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
    If it makes you furious , so does it to us.
    How do you justify your anger and hatred towards one community.


    Please educate me...why muslims always tell "peace be upon him" immediately after the mention of the name Mohammed? Is it because he preaches violence???





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  • redcard
    12-19 12:22 AM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
    When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.

    Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.

    Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.

    Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.

    The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..



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  • ItIsNotFunny
    01-06 01:15 PM
    Israeli shelling kills more than 40 at UN school in Gaza.

    http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un

    More killing while the world watches silently.

    Its barberian to kill innocent people.

    My prayers for innocents who got killed.





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  • NKR
    03-25 02:32 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.



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  • axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org





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  • bhatt
    06-05 09:32 PM
    http://seattlebubble.com/blog/wp-content/uploads/2009/04/home-price-to-rent_2009-01.png

    Althought this is just for seattle area, this trend is more or less the same nationwide.

    According to this graph we need to wait out atleast one more year for the Rent - to- Price ratio to come down to the historical averages. But you get the Federal first -time home owner credit of $8000 (more in CA) only if you buy before the end of this year. So in my opinion, a good time to buy a house is in the month of december this year, if not the best time to buy. Now this is with an assumsion that mortgage rates don't rise substantially.

    All the time is good time to buy home( there is no particular good time). It depends on which house you are buying at what price.
    once the interest rates shoots up( which is happening now - 2 week back it was 4.5 , now it is 5.65 ) its price will come down.
    If you don't have gc and a have a steady job get a condo or townhome instead of big house. Also you can get a FHA loan with 3% down payment ! . the interest rate will be .5% above the normal rate and no need of PMI.



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  • Macaca
    12-27 08:16 PM
    How Republicans prevailed on the Hill (http://www.weeklystandard.com/Content/Public/Articles/000/000/014/531oekhp.asp) By Whitney Blake | The Weekly Standard, 12/27/2007

    THE HOUSE AND SENATE squeezed through last-minute bills in a marathon session last week akin to the final exams period some members' college-aged children just muddled through. A bleary-eyed, sleep deprived House and Senate finally emerged with the passage of some key pieces of legislation on energy, the Iraq war, the alternative minimum tax, children's health insurance, and a massive omnibus spending bill. In the end, Republicans proved to be the more astute bunch, pushing through Bush's lame duck agenda despite their minority status.

    With Democrats emerging victorious just a year ago in the 2006 midterm elections claiming a mandate to drive the country in a new direction, one would have hardly predicted headlines like "Bush, GOP prevail in host of Hill issues" in the Associated Press, "Dems cave on spending" in the Hill, and the Politico's "Liberals lose bigtime in budget battle."

    Leading mainstream publications agreed that Democrats had surrendered to Republican demands, and the left's base was utterly furious at the outcomes. In reaction to the $70 billion Iraq and Afghanistan troop funding vote, comments such as, "You are kidding yourself if you think the Democratic party stands for anything--clearly they do not--This is an outrage," were posted on Daily Kos. Huffington Post entries included, "Democrats lose evey [sic] time becuase [sic] they are a pack of spineless cowards".

    Even Republicans were surprised with the outcome. Senate Minority Leader Mitch McConnell remarked, "If we had been having this press conference last January and I had suggested that a Republican minority in Congress would be able to meet the president's top line, you all would have laughed at me."

    "We couldn't have scripted this to work out better for Republicans they conceded almost every issue," said Rep. Paul Ryan, (R-WI).

    Not only did Democrats eventually meet Bush's required $933 billion appropriations spending level, they also capitulated on unconditional funding for the troops, an energy plan without corporate taxes, a one-year patch to the alternative minimum tax without additional taxes (a $50 billion violation of Democrats' pay-as-you-go principles), and a straight extension of SCHIP without a large expansion.

    At first, the record is baffling, but the explanation for Republican success is simple. Not only was superior "strategery" involved on the part of the minority, to borrow a word from Bush's lexicon, but equally important was Democrats' miscalculations.

    Republicans decided early on to stick together on issues such as taxes and Iraq, said one senior Republican aide. Democrats were much more fractured. One Washington Post headline declared, "Democrats Blaming Each Other for Failures." The article cited House Democrats accusing their Senate counterparts of selling out and folding. In December 2006, Reid said in an interview, "legislation is the art of compromise and consensus building and I'm going to compromise." House Democrats didn't embrace this theme.

    They either failed to realize or didn't want to realize that anything they proposed still had to meet approval in the Senate, where compromise and coalition building are unavoidable, with 60 votes required to move any legislation through. "It took some people 11 months to figure this out," said one senior Republican aide.

    From the beginning, House Speaker Nancy Pelosi set up a structure that didn't emphasize debate and hearings, said Republican California Rep. Kevin McCarthy. The controversial spots were never worked out in the far-left appeasing bills that passed through the House.

    Even after the Senate voted a resounding 88 to 5 in favor of an AMT patch without offsets in the beginning of December, the House passed another version, attached more taxes to make up for the lost revenue, and sent it back to the Senate. The Senate had to vote three times just to show the House Democrats that it did not have the required 60 votes to pass a patch with offsets.

    Democrats were not only divided, they also misjudged the public's perception. The "general aversion to tax hikes" worked to the Republicans' advantage, and the overall success of the war in Iraq also played a key factor, said the senior Republican aide.

    Sen. Majority Leader Harry Reid commented right before the recess, "I share the frustration of the American people who want to see real change." But Republicans argue Reid's idea of change is not in line with that of most Americans.

    They "got the wrong message from the election," which wasn't one of a "repudiation of conservative values," said Ryan. It was a call for "clean and transparent government."

    They "overreached" after the honeymoon period and "frittered away" high expectations "by taking a sharp turn to the left," he added.

    A CNN/USA Today poll taken back in May and June revealed that 57% of Americans favored making permanent the Bush tax cuts, while 37 percent wanted to repeal the temporary cuts. On the broader fiscal topics of taxes, government spending, and regulations for businesses, 41 percent of Americans consider themselves "conservative," 43 percent "moderate," and just 12 percent "liberal," according to a Rasmussen Reports study released about a month ago.

    Some Republicans admit Democrats could have gotten more of what they wanted had they played their cards right. Democrats had a "missed opportunity," said McCarthy, who has experience in a closely divided legislature as a former Republican floor leader in the California State Assembly.

    The majority could have still put forth very partisan bills at the outset, but "come back to where common ground was," said McCarthy. Democrats would have "enjoyed much more success" in the center, said Ryan.

    Some Republicans were reportedly amenable to partial offsets to the AMT. Perhaps if Democrats had not held onto appropriations spending $23 billion above Bush's request for so long, there would have been more time left to avoid axing the entire difference. Or if taxes were not as high as $22 billion for energy companies in the Democrats' version of the energy bill, some taxes may have been part of the compromise.

    But Democrats "were more interested in making a point than making law," said Don Stewart, communications director for Sen. Minority Leader Mitch McConnell. It didn't get them very far: They essentially handed Republicans their agenda on a platter at the eleventh hour to prevent a government shutdown.

    In the end, Democrats were "driven by the clock and not by the product of what's created," McCarthy added. Serious negotiations could have occurred much earlier in the year, instead of holding out stubbornly until the end of the session when all eyes were on several major unresolved bills. Sensible bipartisan compromises in piecemeal over the year look much more authoritative, organized, and productive than the harried disarray that unfolded in the past month.

    Incidentally, according to McConnell, the only truly bipartisan piece of legislation where genuine compromise was part of the equation was ethics reform, signed into law in September. But even Democrats, who heralded the landmark reforms, took advantages of the loopholes in the bill to insert about 300 air dropped earmarks which had not been taken up by either the House or Senate on the floor or as part of a vote.

    Now, with the Democrats' base up in arms, the Democrats' infighting publicly aired, and the minority declaring victory, backed up by the mainstream media no less, the bills don't even appear bipartisan. Democrats came out with the short end of the stick, even though the odds were clearly in their favor after the midterm elections.

    While Hillary is busy wrapping up universal health care, and "bring troops home" presents for potential voters, Democrats won't be able to deliver these or any other promised initiatives this Christmas season.





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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.



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  • Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.





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  • GCwaitforever
    07-09 07:18 AM
    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor.

    Just wanted to let you know that the employer has to pay at least the prevailing wage for a starter to qualify the petition. The employer also has to pay a median wage to the H-1B holder that is commensurate with similarly qualified employees in the company. Otherwise the employer could be prosecuted for wage violations.

    Norm Matloff's figures are faulty because he measures only the prevailing wage as a yardstick which is the bare minimum for qualification. And then he claims H-1Bs are undercutting American employees. No wonder, if you make calculations with lower figures, on the average, H-1Bs look as if they are getting paid less than American employees. To get the actual picture, Norm needs to know actual wages of H-1B employees, which is not possible because not all employers divulge employee pay. As long as the figures can be taken to one's advantage, we always will have these critics running around with distorted graphs and figures.

    One reform Zazona.com should support and fight for in EB Greencards is making the application employee-centric, not employer-centric. Current procedure is in a way bondage to the employer, especially when USCIS takes a long time with multiple stages (read delays) that too not bothering about how long the application has been pending. If USCIS processing improves and they try to reach out to their customers, then a wait of one or two years for Greencard should not be an issue. Infact, I support instant GC proposal in that case.

    Regarding the claims of stealing jobs, I see tons of job advertisements weekly. Many of these ads specifically exclude non-sponsorship candidates (read H-1Bs). US citizens have a bigger market and better opportunities than H-1Bs. I am not sure how it is not possible for them to get jobs. As Logiclife mentioned, the unemployment rate is 2% in IT field. Perhaps people are not prepared to move to areas where jobs are growing. I can not specukate any more on that.





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  • Macaca
    02-17 02:33 PM
    American Civil Liberties Union (ACLU (http://aclu.org/))
    Center for Responsive Politics (CRP (http://www.crp.org/))
    CompeteAmerica (http://www.competeAmerica.org)
    Coalition for Comprehensive Immigration Reform (CCIR (http://www.cirnow.org/))
    Essential Worker Immigration Coalition (EWIC (http://www.ewic.org/))
    Immigrants' List (http://immigrantslist.org/)
    National Council of La Raza (NCLR (http://nclr.org/))
    National Foundation for American Policy (http://www.nfap.com/)
    National Immigration Forum (http://www.immigrationforum.org/DesktopDefault.aspx?tabid=732)
    National Immigration Law Center (NILC (http://nilc.org/))

    U.S. Chamber of Commerce (http://www.uschamber.com/default)





    mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





    Macaca
    12-27 06:43 PM
    Climate change leaves Assam tea growers in hot water
    Rising temperatures reducing yields and altering distinctive flavour of India's most popular drink (http://www.guardian.co.uk/environment/2010/dec/26/climate-change-assam-tea)
    By Amarjyoti Borah | The Guardian

    Climate change is affecting the cultivation of Assam tea, with rising temperatures reducing yields and altering the distinctive flavour of India's most popular drink, researchers say.

    High hills and abundant rainfall make the north-eastern state of Assam an ideal place to grow tea, with 850 gardens over 320,000 hectares (593,000 acres) producing the majority of the country's harvest. But in the last 60 years, rainfall has fallen by more than a fifth and minimum temperature has risen by a degree to 19.5C.

    "This is clearly climate change, and it is bound to have major impact on the tea industry," said Debakanta Handique, a climate scientist in Assam.

    The Tea Board of India said it had recorded a steady decline in tea production in recent years. In 2007, Assam produced 512,000 tonnes of tea. By 2008 this had declined to 487,000 tonnes, with estimated production in 2009 down again to 445,000. A further decrease is expected this year.

    Mridul Hazarika, director of Tocklai Tea Research, the oldest tea research station in the world, said rainfall and minimum temperature were two of the most important factors affecting both quality and quantity of harvests.

    "The decline has been taking place although there has been an increase in the area of tea cultivation as new gardens have come up, and many gardens have added new areas for tea plantation. This is an indication of the seriousness of the threat," said Hazarika. Efficient rainwater harvesting and new breeds of tea plants were needed to reverse the trend.

    "Changes have already been observed in the flavour, but it is not possible to blame only climate change for this," he said. "Other factors like the fertilisers used and cultivation methods might also be partly responsible."

    The changing taste of Assam tea is a serious concern for growers. Sudipta Nayan Goswami, an Assam-based planter, said subtle changes had already been observed: "The flavour has changed from what it was before. The creamy and strong flavour is no more."

    "There is a huge demand for Assam tea abroad, and this is due to its strong, bright flavour. The changes will sharply hamper the demand for this variety of tea abroad."