Wednesday, August 3, 2011

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  • anandrajesh
    03-24 11:17 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
    No one is taking on or poking at USCIS.


    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.





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  • mpadapa
    09-30 04:07 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf





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  • sc3
    07-14 10:35 AM
    There is a lot of FUD being spread around this thread. Let me try to dispel one.

    1: Reverting rollover will only benefit EB3-ROW.

    WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.


    People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.

    People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.

    People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.





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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.



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  • razis123
    12-18 03:17 AM
    Guys..

    If you believe in Science, you wont tend to believe in any religion or for that matter any God..

    God was created by man..

    Imagine this :

    Take for ex : God is human.. How can a human being be supreme or whatever and manage other humans.. For ex if 1000 people commit crime how can a God being a instance of human being watch them.. Even if he watch them how can he punish them.. all not humanly possible.. so God cannot be human..

    So let us take like what Islam says.. God is not human nor he is physically presence.. In that case how an Supreme being again watch all of our deeds when even a human kind of thing is not possible.. So God cannot be supremely supreme to watch us..

    Earth all happened by itself and it evolved by itself.. It will destroy itself and it will retransform itself.. this is the absolute truth.. believe it or not..

    Everyone has some kind of inner consciensus.. you be afraid to that and answerable to that.. (You can call it as God if you want..)

    Other than that start believing in Science and be answerable to yourself.. Nothing else matters...

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.





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  • SunnySurya
    08-05 04:08 PM
    You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002



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  • Macaca
    05-01 06:05 PM
    A New Immigration Consensus
    A bipartisan coalition of business leaders and mayors have joined together to make the case that visa reform is an economic imperative. (http://online.wsj.com/article/SB10001424052748703387904576279293334248326.html)
    By MICHAEL R. BLOOMBERG | Wall Street Journal

    Last month, President Obama convened a diverse group of business executives, mayors, law enforcement leaders, ministers and advocates at the White House to discuss a problem that threatens America's economic future�our broken immigration system.

    We've tried before to fix it. President George W. Bush made comprehensive immigration reform a major legislative priority during his second term. Congressional leaders from both parties, including Sens. Ted Kennedy and John McCain, worked tirelessly to pass legislation. But the bill could not garner the required votes. Nor could a much narrower bill, the Dream Act, which would have granted legal status to the children of immigrants who enroll in college or the military.

    These defeats have led to a conventional wisdom in Washington that bipartisan immigration reform is impossible. But a new consensus on immigration reform has emerged in the business community that could break the logjam and provide a much-needed jolt to our economy. The idea is simple: Reform the way we attract and keep talented and hard-working people from abroad to better promote economic growth.

    In the global economy, the countries that attract the world's best, brightest and hardest-working will grow and succeed. Those that refuse them entry will not. America has long understood this. We would not have become a global superpower without opening our doors to immigrants�and we cannot long remain one without continuing that practice. Smart, self-motivated immigrants spur the innovations and create the jobs our economy needs to thrive. Between 1995 and 2005, for example, 25% of high-tech startups in the U.S. had at least one immigrant as a key founder. Those companies alone have created 450,000 jobs�with the vast majority of them going to Americans.

    Our global competitors understand how crucial immigrants are to economic growth. They roll out the red carpet for entrepreneurs; we have no entrepreneur visa. They heavily recruit our advanced-degree students; we educate them and send them home. They woo the engineers, scientists and other skilled professionals who invent new products, launch product lines, and develop the technology of tomorrow; we erect arbitrary, senseless and bureaucratic barriers to recruitment. And we do all this even as our unemployment rate hovers around 9%.

    Although each party claims to have the solution to our country's economic woes, neither has embraced a job-creation strategy based on immigration reform, which would not add a penny to the national debt. To spur them into action, a bipartisan coalition of business leaders and mayors has joined together to make the case that visa reform is an economic imperative. In nine months the Partnership for a New American Economy has grown to more than 200 members, including companies that together employ more than 3.5 million people.

    We believe in the need to secure our borders, make it possible to hold businesses accountable for verifying the status of workers, address the reality that 11 million people are here illegally and cannot be deported en masse�and increase lawful opportunities for those who want to come to this country and contribute to our prosperity. Nevertheless, our nation cannot afford to wait for Washington to get its act together and pass comprehensive immigration reform. There is too much at stake. Our economy demands that we take immediate action on the most urgent�and politically attainable�reform: making it easier for job creators to come and stay here.

    Creating a visa for entrepreneurs who already have funding to start their businesses will lead directly and immediately to American jobs. Visa reforms to improve temporary and permanent pathways for companies to fill the current shortages of engineers, scientists and other specialists�whose annual visa caps are often exhausted within days of becoming available�will spur growth at existing U.S. companies.

    Providing visas to the brightest foreign graduates of our universities will allow our economy to reap the rewards of their work. At the same time, allowing immigrants who succeed in college, or serve in our military, the chance to pursue a career and build their lives here legally will strengthen the long-term health of the American economy.

    Finally, developing a reliable way for employers to hire guest workers�who grow the nation's food, support our $1.3 trillion tourism industry, and fill seasonal gaps across industries�will help support U.S. businesses and create additional, better-paying American jobs.

    Those who focus on where the parties differ on immigration, rather than where they both agree, have paralyzed the debate in Washington for far too long. Despite this deadlock, there is an opportunity for both parties to seize upon the economics of immigration reform and focus on what all Americans agree we need: more jobs. Leaders of both parties talk about creating jobs, but they are ignoring the voices of business leaders who can actually create them�if only Congress would give them the tools.

    Mr. Bloomberg, an independent, is mayor of New York City

    In Arizona, Sheriff Joe Arpaio shrugs off a rough April (http://www.latimes.com/news/nationworld/nation/la-na-arpaio-trouble-20110501,0,3084923.story) By Nicholas Riccardi | Los Angeles Times
    Obama renews call for immigration action in Miami speech (http://www.washingtonpost.com/politics/obama-renews-call-for-immigration-action-in-miami-speech/2011/04/29/AFbdHUHF_story.html) By Perry Bacon Jr. | The Washington Post





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  • Macaca
    08-14 11:37 AM
    Congressman, It's (Still) on Us: The Ethics Law's Many Loopholes (http://www.washingtonpost.com/wp-dyn/content/article/2007/08/13/AR2007081300980.html?hpid=topnews) By Jeffrey H. Birnbaum | Washington Post, August 14, 2007

    Activists on the reform side of the lobbying debate have been celebrating that Congress finally got around to passing an ethics bill. The question is: Should voters celebrate as well?

    Paul A. Miller, a former president of the American League of Lobbyists, thinks the hoorahs should be muted, and he has a point. The legislation bars lobbyists from providing meals and gifts to lawmakers, a provision long sought by the advocates of change as a way to keep well-heeled interests from buying their way into the hearts of decision-makers.

    But Miller and others point out that the ban is full of loopholes. The largest of the gaps, Miller said, could end up worsening the public's perception that lawmakers are for sale.

    If lobbyists are prevented from buying meals for lawmakers for lobbying purposes, he noted, lobbyists will almost certainly make up for the loss by boosting the number of meals they buy lawmakers as part of campaign fundraising events.

    And believe it or not, they will be perfectly able to do so. Lobbying laws are separate from campaign finance laws, and the new ban on meals and gifts applies only to lobbying laws. That means the legislation does not rein in fundraising events, so lobbyists and their clients will still be able to buy food and entertainment for lawmakers at those events.

    Hence the following perversity: Lobbyists will not be able to pick up the check for members of Congress unless they also hand the lawmakers a check to help their reelections.

    "Lobbyists will move lunches and dinners to the campaign side of things," Miller predicts. "They will increasingly get members of Congress for an hour or so to give them a campaign check; that's a better deal for the lobbyists and will also make it more likely for corruption to happen."

    Jan W. Baran, the campaign finance expert at the law firm Wiley Rein, finds it hard to imagine that lawmakers can schedule more fundraisers than they already do. But he does think there will continue to be plenty of lobbyist-financed partying thanks to the nearly two dozen exceptions to the meal-and-gift ban.

    Baran said that members of Congress will be able to accept invitations from lobbyists to events that are widely attended, including receptions and charity golf tournaments. Lobbyists will also still be allowed to underwrite visits by lawmakers if they have some official or ceremonial role. Members of Congress generally cannot accept tickets to sporting events from lobbyists. But they can be comped to a baseball game if they throw out the first pitch, to a football game if they toss the opening coin or to a NASCAR race if they wave the checkered flag. That's nice work if you can get it, and you can bet there'll be a lot more of it available soon.

    Interest groups are also expressing concern about another feature of the legislation. The provision would require more disclosure by organizations about who is paying for and actively participating in the lobbying activities of coalitions and trade groups. At the moment, most of that information is proprietary and protected by Supreme Court decisions that shield the members of many kinds of groups. Organizations are worried that they might, for the first time, have to disclose who their top members are.

    But they probably need not worry. Ways are always found to get around laws like this one. "The balloon will be pressed, and the air will come out another way," said Kenneth A. Gross, a lawyer at Skadden, Arps, Slate, Meagher & Flom.



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  • Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.





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  • Ramba
    09-30 02:08 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.



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  • mirage
    08-06 09:28 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...





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  • dixie
    07-16 12:38 PM
    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    Exactly.Anti-H1B sites are only looking for propaganda material. You think they will start loving us if all body-shops are eliminated ? People like Norm matloff and programmers guild oppose all H1-B period.Whether it is from well known MNCs or your so-called "body shops". These are usually the same folks whining against outsourcing, free trade, the fact that everyone else is catching up .. about the world in general. Stop wasting time convincing these loosers.They are neither representative of the american public at large nor are the body shops representative of our community. If you think body shoppers are the only folks who hire H1-Bs, read about all the press articles in the "IV in the news" section and please let me know how many body-shop employees were mentioned there. We KNOW we make a contribution to this country; industry knows it too. We dont need to apologise to people like PG,lou dobbs and co for supposedly "eating their lunch".

    As for pushing for H1-B reform, there is absolutely no gaurantee there will be any accompaying GC reform. Remember AC21 ? it tripled the number of H1-Bs with no increase in GCs ... the result is the current mess. Why did it happen ? because there was no one pushing for GC reform.



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  • nogc_noproblem
    08-06 06:46 PM
    A lawyer was on his deathbed in his bedroom, and he called to his wife.

    She rushed in and said, "What is it, honey?"

    He told her to run and get the bible as soon as possible. Being a religious woman, she thought this was a good idea. She ran and got it, prepared to read him his favorite verse or something of the sort. He snatched it from her and began quickly scanning pages, his eyes darting right and left.

    The wife was curious, so she asked, "What are you doing, honey?"

    He shouted "I'm looking for loopholes!"





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  • srkamath
    07-13 07:22 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........

    There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
    There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..

    The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.



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  • cinqsit
    03-26 03:52 PM
    UnitedNations

    What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

    Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

    Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO





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  • insbaby
    03-24 04:34 PM
    (my final thoughts ...)
    I am from bombay -- and actually we had more fun in the buildings / apartments because you end up spending more time outdoors with friends.

    I agree with you. But not all the people have the same luxury here as you may or may not see an apartment fills with people you look for and who can stay for a while at the same place, except bay area and couple of other areas filled up nationals of same countries. But surely not all over the country.

    So it is not a bad thing to move to a community if you find all in one place.

    Ofcourse, this is not to force everyone to buy a home and practically that is not possible.

    This is for someone who knows that he has plans to go with the current company for sometime and ready to buy a home, but just waiting, waiting and waiting........ for GC to do that.



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  • Macaca
    12-30 07:11 PM
    Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu

    One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?

    Around a single event

    The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.

    The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.

    The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.

    The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.

    The final concern

    The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.

    The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.

    The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).

    The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.

    The writer is a doctoral student working on law and politics in India





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  • Macaca
    05-27 05:56 PM
    U.S. Must Adapt to China's New Patterns of Growth ( | World Politics Review) By IAIN MILLS | World Politics Review

    The global financial crisis catapulted China into a position of international economic leadership a decade earlier than Beijing's strategists had intended. That significantly increased the urgency of rebalancing the Chinese economy away from the low-quality, export model toward higher-value, domestically driven growth.

    One consequence has been new and accelerated patterns of Chinese trade and investment abroad. For the United States, China's largest economic partner, the implications of this new multidirectionalism are significant. But with recent figures showing that bilateral investment between the two countries is contracting, the U.S. must adapt its approach to this issue to ensure it benefits from the forthcoming chapter in China's domestic growth story.

    American investment and consumption were the two key drivers of China's economy in its early reform years. By the time the global financial crisis struck, China had amassed $2 trillion of foreign exchange reserves, and it has added another trillion since. The U.S. economy benefitted from cheap, inflation-suppressing Chinese goods, while China's absorption of American debt was a key facilitator of the pre-2008 credit bubble.

    Beijing seemed content to watch the coffers swell, while largely ignoring the need to rebalance the Chinese economy and devise strategies for making use of its mounting foreign exchange reserves. But the post-crisis collapse of investment and demand from developed economies has forced China to mobilize newly acquired national wealth to maintain economic momentum.

    China's overseas investment strategy was originally aimed at securing key natural resources. Recently, there has been a growing focus on importing advanced technology and machinery, particularly in "strategic sectors" identified in the 12th Five-Year Plan. International expansion is being led by increasingly cash-rich state-owned enterprises and their affiliates, with sovereign wealth vehicles such as China Investment Corporation and China Development Bank also adopting more active investment strategies.

    But early indicators suggest the U.S. is missing out on the first wave of new Chinese overseas spending. As one recent report on the subject notes, "the main event in 2010 was a flood of [Chinese] money into the Western Hemisphere outside the U.S., led by Brazil but also featuring Canada, Argentina and Ecuador." Last year, China's total nonfinancial outbound direct investment (ODI) jumped 38 percent, to $60 billion, even as Chinese ODI to the U.S. contracted slightly, to just less than $6 billion. Inversely, April's foreign direct investment (FDI) into China was up by more than 15 percent on the year, but American FDI dropped 28 percent.

    For China, the benefits of reducing asymmetric interdependence with the U.S. economy are clear, but it is less apparent whether the U.S. can currently afford to miss out on the huge opportunities presented by China's continued domestic growth and rapidly increasing overseas spending. Therefore, while the yuan remains a critical issue in bilateral relations, reaching consensus on the scale and scope of bilateral nonfinancial investment is an equally significant emerging topic. And although a series of diplomatic disputes in 2010 may have been partly to blame for depressed Chinese investment, the institutional arrangements of U.S.-China relations have generally failed to keep pace with China's rapid economic ascent.

    Nowhere is this clearer than in bilateral investment agreements.

    China is keen to expand its investments in the U.S. agricultural, natural resource, advanced manufacturing and financial sectors. But political resistance in the U.S. is high, and sources in Beijing claim that Washington is giving mixed signals over how welcome Chinese investment is. Chinese officials are seeking a list of acceptable investment areas from Washington and seem frustrated by the complex institutional arrangements of the U.S. political economy. Meanwhile, American officials have expressed concern about the security implications of Chinese capital, and a general lack of transparency on the Chinese side continues to exacerbate these fears.

    Clearly, resolving these issues requires action from both sides. Washington must accept Chinese overseas investment as an economic reality going forward and design a strategy capable of deploying it in support of the national interest. The politicization of the yuan has damaged Washington's credibility in Beijing; avoiding a similar degeneration of legitimate debate on investment parameters must be a strategic priority. Washington should consider mechanisms for targeting Chinese capital in areas where it is needed most, such as urban real estate development and manufacturing. These need not amount to a centrally imposed directory, as produced annually by Beijing, but rather a semi-formal consensus that provides some kind of consistent framework for prospective Chinese investors.

    Washington could also learn from the European Union's approach, which tends to maintain a greater distinction between ideological and economic policy differences with Beijing. Although the EU has the luxury of leaving political criticism to national governments, Brussels has been more low-key and consistent in discussions with Beijing on potentially inflammatory economic issues such as the yuan and China's "market economy" status. As a result, financial and nonfinancial economic integration between the two has increased substantially since 2008.

    For its part, China must accept that poor standards of domestic corporate governance remain a major barrier to future economic development at home and abroad. The credibility of Chinese companies is undermined by opaque ownership structures and a general lack of transparency regarding strategic and commercial intentions. Notably, over the past five years, there has been a direct correlation between total Chinese investment in a given country and the volume of failed deals, regardless of the developmental level of the host nation. Moreover, foreign investment in China remains heavily regulated. Beijing must accept greater liberalization at home before it can push the issue too far with international partners.

    Clearly, China has the responsibility to improve its domestic culture of openness and accountability. Greater and more symmetrical engagement with experienced capitalist nations can hasten this process while providing much-needed capital injections to the latters' ailing economies.

    For the U.S., the central challenge is to formulate more consistent and strategically constructive responses to China's economic rise. That would entail initiating a paradigm shift in Washington -- one that focuses less on "the China threat" and more on how to benefit from new opportunities presented by China's rise.



    GOP sees red over China (http://www.politico.com/news/stories/0511/55559.html) By Alexander Burns | Politico
    America And China: Finding Cooperation, Avoiding Conflict? (http://blogs.forbes.com/dougbandow/2011/05/23/america-and-china-finding-cooperation-avoiding-conflict/) By Doug Bandow | Forbes
    Henry Kissinger on China. Or Not.
    Statesman Henry Kissinger takes a cautious view of Beijing's reaction to the Arab Spring, and U.S. relations with the world's rising power. (http://online.wsj.com/article/SB10001424052748703730804576321393783531506.html)
    By BRET STEPHENS | Wall Street Journal
    Kissinger and China (http://www.nybooks.com/articles/archives/2011/jun/09/kissinger-and-china/) By Jonathan D. Spence | The New York Review of Books
    Henry Kissinger’s On China (http://blogs.cfr.org/asia/2011/05/26/henry-kissinger%E2%80%99s-on-china/) By Elizabeth C. Economy | Council on Foreign Relations
    General Chen’s Assurance Not Entirely Reassuring (http://nationalinterest.org/blog/the-skeptics/general-chen%E2%80%99s-assurance-not-entirely-reassuring-5351) By Ted Galen Carpenter | The Skeptics
    Go to China, young scientist (http://www.washingtonpost.com/opinions/go-to-china-young-scientist/2011/05/19/AFCY227G_story.html) By Matthew Stremlau | The Washington Post
    No go
    The Western politician who understands China best tries to explain it—but doesn’t quite succeed (http://www.economist.com/node/18709581)
    The Economist
    Europe Frets Over Trade Deficits With China (http://www.nytimes.com/2011/05/21/business/economy/21charts.html) By FLOYD NORRIS | New York Times
    China’s Interest in Farmland Makes Brazil Uneasy (http://www.nytimes.com/2011/05/27/world/americas/27brazil.html) By ALEXEI BARRIONUEVO | The New York Times





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  • desi3933
    07-11 10:41 AM
    ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.





    senthil1
    05-16 12:15 AM
    Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .





    rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk



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