Thursday, June 30, 2011

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  • gcnotfiledyet
    03-24 04:26 PM
    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.

    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.





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  • psam
    07-13 05:57 PM
    I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
    At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.





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  • ItIsNotFunny
    01-06 01:19 PM
    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
    I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.



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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.





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  • randallemery
    07-16 11:22 PM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.



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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.





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  • Macaca
    11-23 08:38 AM
    Tech trade groups combining for greater clout (http://www.mercurynews.com/search/ci_7538070?IADID=Search-www.mercurynews.com-www.mercurynews.com&nclick_check=1) TRADE ASSOCIATIONS PLANNING MERGER By Dibya Sarkar | Associated Press, 11/23/2007

    WASHINGTON - Relative newcomers to Capitol Hill lobbying, technology giants with sometimes differing agendas are figuring out what oil and pharmaceutical companies have known for years: There's strength in numbers.

    Microsoft, Cisco Systems and Yahoo, among others, hope a merger of two major tech trade groups will increase their lobbying clout inside the Beltway.

    The industry's presence in Washington has long suffered, critics say, from lacking a unified force voice to lobby on fundamental issues, such as taxes, patent reform, immigration and trade, that affect tech companies of all stripes.

    Combining the Information Technology Association of America and the Government Electronics and Information Technology Association will create a "powerhouse" organization with "much more of a consolidated voice in the industry," said GEIA president Dan Heinemeier.

    Representing more than 380 companies and combined membership revenues of $8 million, it's the latest sign that the tech industry, currently represented by more than a dozen associations here, is growing up.

    It also reflects a better understanding of the importance of lobbying by an industry that long believed the practice was an unnecessary part of their business strategy.

    Software giant Microsoft, which is an ITAA member, only established a Washington office about a dozen years ago, while Google, which doesn't belong to either group, set up a Capitol Hill shop in 2005.
    While GEIA recently registered to lobby, ITAA spent $120,000 lobbying in the first half of 2007, according to federal disclosure forms.

    Of course, that's small potatoes compared with the $10.7 million spent by the Pharmaceutical Research and Manufacturers of America and the $1.6 million spent by the American Petroleum Institute during the same period.

    The merger creates a platform where diverse companies can "speak with both a louder voice and also . . . with a somewhat clearer voice," said Jon Korin, Northrop Grumman's vice president for strategic development and an ITAA board member. Northrop also is a member of GEIA.

    While the groups have some overlapping members and agendas, GEIA, founded in 1952, focuses on technical standards work and government technology market analysis. ITAA, which began in 1961, is a major public policy player working on broader technology business issues.



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  • alisa
    04-07 03:52 PM
    Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?


    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.





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  • sledge_hammer
    06-05 05:53 PM
    Unless one is a day trader, he/she probably has a real job (no offense to day traders :D), and only invests regularly through his/her employer sponsored retirement account or if she is self employed, she has an IRA account, to take advantage of dollar cost averaging. I am the latter btw! It used to be that 10 years was what was considered to measure the performance of any investment, and even though that trend has changed now, let's just stick with the 10 year yard stick.

    Let's take an example of Joe. Let's assume he has 30K in his pocket for investment. His goal is hard set to invest right now and cash out in 10 years. Let's find out where he stands at the end of 10 years in the two situations, rent and own.

    -------- I am going to spend the next 10 mins crunching some numbers and I will get back to you :D. You are free to post your calculations here ---------------

    Now we are getting into another different fun topic - how does a real estate "investment" compare with other forms of investment.

    1. Leverage = speculation = risk. By taking the leverage and buying the house - you lock in a 3-5% return and a lot of risk (for a 200k house - that would be 10k/year max). The 3-5% comes from long term price appreciation trends.

    If I did not buy that 200k house - I would invest the initial 40k and the rest of 160k gradually every month. For simplistic calculations:
    return from 40k - 5% (I can show you reward checking accounts with that rate even now). Inflation protected TIPS could be a good place if you are afraid of hyperinflation
    Earnings = 2k.

    You save 3k each year by renting.
    Running Total = 5k.

    Every year - you put in some money to your investment vehicle = mortgage amortization. So over 30 years - you would have been earning investment income on $80k @5% on an average = 4k.
    Running Total = 9k.

    So you are making 1k more by buying - AND taking a lot of leverage = risk.

    Inflation can upset this calculation - but not much. 1980 - 2008 was an unusual period of low inflation and high growth = high housing price increase. Any bets on how sustainable that would be? Typically housing price appreciation would be at or below inflation - which would favor other investment vehicles over real estate.

    I personally would need much more compelling reasons than the above to buy.

    This calculation does not take into account the flexibility in relocation if you do not buying a house. It alos does not consider the risk associated with having the largest chunk of your portfolio invested in a single non-diversified house instead of having a properly diversified portfolio.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.



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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.





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  • smuggymba
    07-30 08:11 AM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..

    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.



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  • bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.





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  • unitednations
    07-09 11:06 AM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.

    This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.

    In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.


    In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.



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  • gomirage
    06-07 10:21 PM
    For me its a very simple thing, print that damn thing of plastic and I will buy.

    lol, can't blame you.





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  • rsdang
    08-29 12:09 PM
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    Enjoy...



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  • SunnySurya
    08-05 02:56 PM
    I just got several red dots for expressing my opinions...





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  • Macaca
    12-30 06:24 PM
    3. The status of Tibetans in India proves that India is meddling in China�s internal affairs

    If, for China, resolving the Tibet issue has to come at the price of demanding unreasonable concessions from India, it would be an unfair situation to present to India. India�s position on Tibet has evolved over the years. India has demonstrated a fine balance on Tibet as a humanitarian concern (with Tibetans settled in India) and the risks of using Tibet as some sort of a political trump card. The latter largely remains an insinuation against India � at least over the last quarter century, and has failed to be reflected in China�s foreign policy towards India. Today the tail seems to be wagging the dog since China suspects India of covertly using Tibet and the Dalai Lama for furtherance of some political goal.

    Such misperception is in contrast to China�s relatively muted antipathy to those countries that issue a visa to or host Rebiya Kadeer in exile (Virginia, USA), or where the Tibetans are better organized (USA, Australia and several parts of Europe). In any case China would be aware that India has refrained from seeking alliances in the Southeast and East Asian region. Likewise, it is counter productive for elements in the Indian strategic community or media to play-up the �Tibet card� (whatever that means) or indulge in political gimmickry that reflects insensitivity towards the core concerns of either side.

    Policy Focus: India has to maintain a balance between �justice� and �fairness� on the issue of Tibetans living in India, and the risks of political opportunism that could be associated with insensitivity towards China�s concerns. This principle when applied to India�s own core concerns vis-�-vis China could lead to better diplomacy based on the principle of reciprocity.

    4. China engages in doublespeak � political statements of intent differ from actions

    The recent row over the arrest of Chinese fishermen in Senkaku/Diaoyutai islands, and the detainment of the captain of the Chinese fishing boat, raised concerns about whether such pin-pricking was part of China�s national strategy. Similar pin-pricking happens on the Line of Actual Control (LOAC) on the India-China border where alleged incursions by PLA soldiers are often amplified in the Indian media. With imperfect information on these matters, one can assume that Beijing would have spelt out a policy direction to go �hard� or �soft� on fishing, for instance, in contested waters (Senkaku/Diaoyutai dispute), but China�s coastal marine and fishing administration may have decided to err on the
    side of caution.

    The same reasoning may, for all we know, apply when the ilitary on either side of the LOAC patrol the disputed boundary. Beijing may have a policy line on �border vigilance�, which division level PLA officers implement by opting to err on the side of caution by �proactive border patrolling�. While the benefit of doubt could be extended for occasional misunderstandings on any front, it is really up to Beijing to clarify whether pin-pricking as a manifest behaviour results from overzealous implementation on the ground or is a real instrument of policy, which is what is suspected by some Chinawatchers in India. If China feels it has been misunderstood in all these instances, one should extend the benefit of doubt to the leadership in China.

    This could apply to the issue of stapled visas to Indians from Jammu and Kashmir (J&K) as well. That the visa issue was �administrative,� as Premier Wen Jiabao has clarified, makes China�s political stand reasonably clear. Then it is for China to reconcile. Accumulating such irritants over time undermines security since most people would only read the direct military and administrative challenge posed to India through such acts. It would be na�ve to assume that such incidents would be consequence free and that in the long run public dividends from the salience of an India-China partnership would remain unaffected.

    Policy Focus: India should not draw itself into diplomatic situations that make it appear uncompromising. Hence, more institutional channels could be opened up between ministerial counterparts (water, power, trade and commerce, border, education, foreign affairs i.e. multilateral negotiations, and other areas) and even between political parties in order to propose more pluralistic options on areas of contention or interest for both countries.

    5. China has not addressed India�s concerns on Pakistan

    While several elements in the China-Pakistan relationship remain antithetical to India�s core concerns, it is futile to forever assess the relationship climate of China and Pakistan as impinging excessively on the health of India-China relations. Such a pursuit does not leave enough room for upgrading the India-China relationship. The classic case is that of the US-Pakistan relationship which for most of the Cold War years and even subsequently did not hinder a drastic upgradation in India-US relations in this decade, when the ground was favourable for the United States to recalibrate its foreign policy on South Asia. Similar room for upgradation of the India-China relationship is essential.

    More importantly, what should be expected from a Head of State/Government visit? Was there any resolution on matters relating to currency revaluation, or environment or human rights during Obama�s visit to China in 2009? Did the November 2010 Joint Statement of Prime Minister Manmohan Singh and President Obama affirm the status of Jammu and Kashmir, or even mention Kashmir in the entire text? When it comes to the Indian state of Jammu & Kashmir, India is confident of not involving the United States as a party to the resolution of the Kashmir issue. Obama�s offer to �delegate� regional policing in South Asia to China in 2009 was rebuffed by India, and China has only distanced itself from that issue. The question of seeking clarification from China on its neutrality on Kashmir is one thing. However, since when did seeking China�s affirmations on the status of Jammu and Kashmir become imperative for a Joint Statement?

    The China-Pakistan relationship does not thrive on what is casually assumed to be a singular anti-India agenda. China�s relationship with Pakistan as a window to the Islamic world often receives muted attention. Since 2009 foreign policy challenges for China arising from condemnation and criticism from Turkey, Iran and Indonesia, in particular, and the Organization of the Islamic Conference (OIC) over the handling of the Uighurs in Xinjiang region have become acute. While liberal democratic sympathies from the West for Uighurs exists, the prospect of pan-Islamic support for the Uighur cause (on the lines of threats
    issued by militant preachers such as Abu Yahya al-Libi) is not something China would want to see in its troubled West. From a utilitarian perspective, Pakistan (with a majority Sunni population) serves perfectly fine as a window to the Islamic world, which China could use to placate concerns or grievances against the Chinese state being anti-Muslim in its handling of Xinjiang (most Uighurs practice a moderate form of Sunni Islam).

    Policy focus: China and India interaction, particularly in the academic arena, are fewer than the number of Indians and Chinese in conference-circulation in the United States and Europe. This observation is more intuitive, than empirical, but doesn�t seem inaccurate. Greater discussion and engagement to develop a wider and pluralistic understanding of contentious issues would go a long way in understanding each others� concerns. A �semester abroad� programme for researchers or faculty in academic and research institutions from both sides could go a long way in building civic networks.

    Conclusion

    Both India and China have new avenues to pick up the threads, as it were. Even on the issue of India�s claim for a UNSC permanent seat, the Joint Communiqu� this time reads: �China attaches great importance to India�s status in international affairs as a large developing country, understands and supports India�s aspiration to play a greater role in the United Nations, including in the Security Council� (emphasis added).

    Prime Minister Manmohan Singh, and Premier Wen Jiabao have affirmed the idea of
    �there being enough space to accommodate the growth of China and India, and for both to cooperate.� This space needs to be nurtured further and the coming year, the Year of China-India Exchange, should be a starting point to engage with China in the shaping of institutional norms for mutual growth and development.





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  • rimzhim
    04-09 11:43 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.





    msp1976
    03-04 01:01 PM
    I wish that you would drop whatever you have in your signature....George Allen was one of the co-sponsors of the original SKIL bill...He was sympathetic to our cause...Now when he made those comments he was pandering to certain local sentiments....Conservative senators have been more sympathetic to us than democrats...It is time to stop beating that dead horse...





    gcdreamer05
    08-05 05:04 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"

    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p



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