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  • mariner5555
    04-15 02:19 PM
    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.
    this maybe your view .. but I can find some faults with it.
    yes ..more money is equal to better lifestyle but a bigger house is not necessarily a better lifestyle for everyone. for many tech workers, following this line of reasoning will cause them more problems.
    I don't know about you ..but I came here to US for money and for better quality of life (I didnot come here to buy a big house !!). a big house would mean that I have less money as more money goes for property tax / maintenance etc etc
    now ..since I save money by renting ..I can afford to put my son in better dayschool, fund his college fund , take him for more freq vacations etc etc.
    now this maybe different for some people ..maybe those earning more than 125 K or with double income.
    also ..do you mean people should pay more for a house than it is worth ??

    I agree with yr last points ...that not everyone has to run ..and thats what I am saying.
    once you get GC and have a stable job and get a good offer on a house ...buy ..else wait. In other words ..as you are implying ..if you can afford a big house without making heavy sacrifices ..then go for it.
    (but many people that I know ..buy big houses ..then try to save money on air conditioning, restaurants etc).
    the other main problem with H1/ EAD is that you become immobile ..esp if you have to move for various reasons (since you have to worry about your legal status too ..).
    btw ..if all americans stayed in rental (or smaller homes ) and drove japanese fuel eff cars ..then the world would have been a better place with lower gas prices :)





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  • mbawa2574
    03-23 10:55 PM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986

    I agree he will loose his down payment or credit score in case of things going south on GC side but still he will be able to do whatever is best for his long term goals now and he will be better off in terms of equity when real estate market bounces back in 3-4 years.There are lucrative deals in the market and renting does not make any sense. There is always a risk factor and u can cover your risks accordingly. Anywaz What exactly ur going to do with Credit Score after u are kicked out from here ? So why not take risk now and play the game.





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  • bobzibub
    01-07 07:43 PM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)


    • Far from being religious zealots, a large number of those involved in terrorism do not practise their faith regularly. Many lack religious literacy and could actually be regarded as religious novices. Very few have been brought up in strongly religious households, and there is a higher than average proportion of converts. Some are involved in drug-taking, drinking alcohol and visiting prostitutes. MI5 says there is evidence that a well-established religious identity actually protects against violent radicalisation.

    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.





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  • a_yaja
    05-17 07:20 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.
    You still have not told me why you are support the Durbin-Grassley bill and you are OK with consulting on a "full-time" basis. The Durbin-Grassley bill bans this.
    The present laws are more then enough to go after offenders. The law is not being enforced. What makes you think that if the Durbin-Grassley bill is passed, all abuse will stop? People who abuse the system will continue to do so. They will simply say that the job is "permanant, full-time" or whatever the bill requires the job definition to be and file for H1B. And the show will go on. I guess at that point you will then dance when someone else will propose another bill to restrict H1Bs to some other sector that includes you.



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  • pappu
    04-07 05:35 AM
    Guys,

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.





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  • xyzgc
    12-20 03:32 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.

    My feelings are the same. Terrorism is leading Pakistan to destruction and Zardari knows its not working.
    Initially, Paki funded the proxy wars and now the beasts are out of control.

    India is one smug, complacent giant -terorism is not going to make a dent.
    Most of the indians are indifferent and not afraid of going about their lives.
    In Mumbai, the need for survival is intense, you can't stop people from living their daily lives.

    This whole affair has gotten so much international publicity, its blown up in the face of these Pakis.
    Muslims everywhere are under a lens eye - airports, buses, trains, any public transportation people are immediately suspicious. Its creating an embarassing situation for good muslims all over the world.

    Unfortunately, these good muslims are handful, if you look at Pakistani newspapers some of their intellectual journalists sincerely condemn all of this but the readers hold a diametrically opposite view!
    Fortunately, this will educate the readers, slowly but surely. At least it will make them introspect and retrospect.

    The Bombay mullahs refused to bury the terrorists - they don't want a round of riot, they know they will be butchered and nothing good will come out of it.

    Terrorism is not working man!



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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.





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  • Macaca
    12-30 04:19 PM
    But today, as the year ends, the netroots activists who adored Reid at the start of the new Congress have begun turning on him, musing out loud about encouraging senators to oust him as leader. They complained that Reid's Senate caved - allowing continued tax breaks for oil companies, approving a new attorney general who wouldn't call waterboarding torture, breaking the pay-as-you go promise by approving a tax break without a tax hike on the rich.

    Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."

    "The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.

    Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.

    "It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."

    Trying to end a war

    Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.

    Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.

    The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.

    The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.

    Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."

    By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.

    Vote after vote only hardened Republicans' resolve.

    Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.

    "If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."

    Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.

    The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.

    Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."

    Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.

    "The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."

    By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.

    "Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."

    Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.

    But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.

    Endgame

    The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."

    The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.

    Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.

    Congress worked more days than in any session in years.

    But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.

    Even passing the budget to keep the government running seemed dicey.

    "It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.

    In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?

    Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.

    Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.

    Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."

    By the office fireplace again

    People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.

    The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.

    Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.

    "I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."

    Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.

    But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.

    He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.

    "I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."

    He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."

    In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."

    And one day, when this job is done, "I wouldn't mind being manager of a baseball team."



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  • puddonhead
    06-26 07:57 PM
    FYI - Historical Census of Housing Tables - Home Values (http://www.census.gov/hhes/www/housing/census/historic/values.html)

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).





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  • Macaca
    02-17 02:14 PM
    The Lobbying Disclosure Act of 1995 (http://www.senate.gov/reference/reference_index_subjects/Lobbying_vrd.htm) establishes criteria for determining when an organization or firm should register their employees as lobbyists. Lobbyists register with the Senate Office of Public Records (SOPR (http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/opr.htm)). SOPR receives, processes, and maintains for public inspection records filed with the Secretary of the Senate (http://www.senate.gov/reference/office/secretary_of_senate.htm) involving the Lobbying Disclosure Act, the Federal Election Campaign Act (http://www.fec.gov/law/feca/feca.shtml), the Ethics in Government Act, the Mutual Security Act, and the Senate Code of Official Conduct. The office has many other responsibilities in addition to their lobbyist registration duties.

    Resources

    Lobby Filing Disclosure Program (http://sopr.senate.gov/)
    HOW TO USE THE PROGRAM (http://sopr.senate.gov/help.htm)
    Example: Find amount paid by IV

    Go to Senate Office of Public Records (http://sopr.senate.gov)
    Click on Access the US Lobby Report Images for All Years (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=0)
    Highlight Client Name and then click on button Go
    Type Immigration Voice in client name field and then click on button Go
    Click on Immigration Voice Corporation (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=IMMIGRATION%20VOICE%20CORPORATION&CLIQUAL==)
    The 3 links are

    QGA registered IV as client (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/E/000/078/000078315|2)
    Mid-Year Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/EH/000/141/000141275|3) (Jan 1- Jun 30)
    Year-End Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2007/E/000/034/000034084|2) (July 1 - Dec 31)


    Follow above steps for anti-immigration organizations (FAIR (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=FEDERATION%20FOR%20AMERICAN%20IMMIGRATION%20RE FORM&CLIQUAL==), NumbersUSA (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3), ...) House (http://lobbyingdisclosure.house.gov/index.html)
    Lobbying Spending Database (http://www.crp.org/lobbyists/index.asp)



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  • NolaIndian32
    09-28 07:58 PM
    I agree 100% with the quote below; if Durbin gets his way, there will be no light at the end of the tunnel for the EB community.

    I have been in the US, legally for 14+ years. I have stayed within the law, regulations to get my green card, but still after 8 years in this antiquated and dysfunctional process, I am "in queue". Twice I have had to turn down promotions to executive level within my organization because of restrictions of "same to similar" regulation. Even my CEO is frustrated with this situation. If Durbin has his way, I can no longer afford to put my life on hold. I will be forced to sell my house and relocate to Canada.

    McCain supports immigration for legally employed immigrants. I pray that he wins the election this November.



    After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.

    I have been in the United States for 9 years - LEGALLY. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. My kids are American Citizens. I pay taxes and contribute to the American economy. We even bought a house here in the hope that we can settle down in America. Me and my husband hold executive level positions in major multinationals. Here is the absolute kicker - I work in Satellite Telecommunications and my company supports the United States Government (DoD) and its contractors/ sub contractors in Iraq and Afghanistan!!

    We wanted Democrats to win...but guess what - the failed CIR 2007 woke us up to the fact that Sen. Durbin will never make it easy for us EB immigrants. His hostility towards this community forced us to secure the Canadian PR. We have a little bit more time to decide when we want to move there before our PR expires. If things don't take a turn for the better on the Immigration front, we will move to Canada. I just dread having to sell the house here though!!

    Till date, I only see Durbin driving immigration - and it is definitely against teh EB community. My question to Sen.Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???





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  • pitha
    04-08 05:43 PM
    Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.



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  • pappu
    08-11 12:44 PM
    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
    thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.





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  • 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.



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  • diptam
    08-06 11:53 AM
    Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

    If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.

    My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.

    Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.





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  • SunnySurya
    08-06 08:51 AM
    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!



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  • xyzgc
    12-20 04:00 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
    Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
    (A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)

    Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.





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  • panky72
    08-09 02:00 AM
    Just ignore those useless weeds (who don�t know what �joke� means), not only in this thread, even in real life also.

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

    I am giving you green.

    :)Thanks nogc_noproblem. BTW where do you find so many funny jokes:D





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  • malaGCPahije
    07-14 10:33 AM
    Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

    Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

    I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.

    Delax,

    please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.

    I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.

    You and other EB2 people dates are current. Enjoy your GC. Best of luck.





    prioritydate
    01-10 10:21 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    LOL! Short of virgins! Man! what a drag...





    nojoke
    09-28 12:59 AM
    mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
    I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
    but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
    I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
    but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.

    hmm.
    needless war is strong on security
    9/11 happened on bush's watch and it is clinton's fault.

    Republican philosopy of less regulation is not the cause of reckless lending?
    You will get more tax break under Obama's plan than McCain's. Google.
    You watch FOX news?



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