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  • rbharol
    04-07 01:35 AM
    I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....

    Will Compete America and other companies accept it? no way..

    And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.





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  • logiclife
    07-17 10:42 AM
    Those of you who dont know, Randall Emery is a good friend of Immigration Voice.

    Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.

    Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.

    Everyone:

    Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.





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  • unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.


    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.





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  • bfadlia
    01-07 02:44 PM
    You say romans converted egyptions to christianity. If it is true, romans follow catholic church. Coptic is Othodox christians, started during the period of apostole. Romans may ruled them, but every one is coptic. Not changed the religion by force. You contradit your statement.
    Mohamed copy bible and make his own version and misled the people. It is like a cult. Like Mormon in USA. It is written in the bible. 'Those who change any word from the bible will be punished'. Mohamed's fate decided by God.

    Buddy.. I'm not trying to argue with you.. just hope you get more information about what you are talking about.
    1- Coptic tradition claims that St. Mark brought Christianity to Egypt around 50 CE. A small community of Christians developed in Alexandria in the late first century, and became more numerous by the end of the second century. Some similarities in beliefs helped Christianity to be accepted by Egyptians, including the beliefs that the Egyptian god Osiris was both human and god, the resurrection of Osiris, and the godly triad of Osiris, Isis, and Horus.
    During the third and fourth centuries, the Romans persecuted various religious dissidents, especially Christians. The emperor Diocletian attempted to restructure and unify the Empire, and instigated some harsh reforms which led to rebellion among the Egyptians. Diocletian then began extensive persecutions of Christians, which was referred to by Copts as the Era of Martyrs. The year of Diocletian's accession (284 CE) was designated Year One in the Coptic Christian calendar in order to observe the tragedies. Christianity was threatening to the Roman Empire because its strong monotheistic belief "made it impossible for its serious adherents to acknowledge the Roman emperor as a deity" (Carroll 1988). Also, many important leadership positions in Egyptian society and the military were held by Christians.
    2- According to Jews, god would never change the commandments of the old testament which jesus did.. so for them he was blasphemous.. you just shrug this off as a christian.. by the same token why do u think muslims would care what u think of Mohamed?
    Speak for yourself and stop talking on behalf of god.



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  • suavesandeep
    06-24 11:08 AM
    IMHO, It does not matter what your status in this country is. Or how much you make and all other parameters you need to consider while buying your primary residential home. If you are in the home flipping business please ignore the post.

    There is too much data out there which says housing will go down for at least another year, and will then stay flat for a long time.

    I know home is not an investment. But buying something when you know its gonna lose value just does not make sense even with all the credits + low interest rate out there. For me the most important thing is the total principal you pay to buy the home. Everything else are cheap gimmicks. Its like a car salesman saying you monthly payment for this car is only $200, but wait you will be paying this $200 for the next 10 years instead of 5. Or a Bank saying you get $50 to open an account etc. Also as others pointed out even in 2004/2005 there was enough data being floated that the housing bubble will crash, but i guess lot of people just ignored it.

    If you need a house for luxury, Go ahead and rent one for the next couple of years. Not sure why people think renting restricts them to only small apartments. I am pretty sure renting a house in today's market will be lot cheaper than buying. I am currently renting a home and very happy in it.

    Also consider that housing market is not as volatile as the stock market. So once the correction is complete it will take a long time for the appreciation curve to kick in. So timing the housing market dynamics would be different compared to the stock market.





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  • Macaca
    07-23 07:48 PM
    Big Labor flexes its muscles in Congress � with mixed results (http://thehill.com/business--lobby/big-labor-flexes-its-muscles-in-congress--with-mixed-results-2007-07-24.html) By Ian Swanson, July 24, 2007

    The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.

    They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.

    Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.

    By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.

    �There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�

    �I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.

    House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.

    �The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.

    Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�

    Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).

    Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.

    While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.

    For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.

    In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.

    And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.

    In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.

    Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.

    Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.

    The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.

    Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.

    While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.

    �For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�

    AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.

    SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.

    For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.

    It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�

    The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.

    While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.

    �I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�



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  • Macaca
    12-27 07:04 PM
    2010: India's undeclared year of Africa (http://www.thehindu.com/opinion/op-ed/article995759.ece) By RAJIV BHATIA | The Hindu

    An objective evaluation of changing contours of our engagement with Africa, especially in light of significant developments in 2010, might interest Africa watchers and others.

    Conceptual richness and consistency appear to characterise recent interactions, although their impact may still take a while to be felt tangibly.

    Backdrop

    If the period from our Independence to the end of the 1980s was marked by India's close involvement with Africa in political affairs, peacekeeping, training, culture and education, the 1990s turned out to be a lost decade. That was the time when policy makers were busy trying to re-adapt India's foreign policy to the post-Cold War world. Subsequently, the Africans' unhappiness with their neglect by India, China's rapidly growing profile on the continent, and the enhanced dynamism of India Inc. combined to initiate a renewal of India-Africa relations. The Government's three initiatives, namely the ‘Focus Africa Programme' under Exim policy for 2002-07, the ‘Techno-Economic Approach for Africa and India Movement' or TEAM-9 programme, launched in 2004 to upgrade economic relations with West Africa, and the Pan-African e-Network started in 2007, helped in sending the signal that India had not vacated space in Africa for others.

    In this backdrop, the India-Africa Forum Summit (IAFS) in 2008 represented a veritable high point, showcasing a new, vibrant India as well as its reinvigorated Africa policy. The following year was a relative disappointment. But, developments during 2010 seem to have put India's engagement with Africa on a fast track.

    Highlights

    India played host to at least eight high-level African dignitaries, one each from the Seychelles, Ghana, South Africa, Botswana, Mozambique, Kenya, Malawi and Ethiopia. Visits by presidents, prime ministers and other VIPs throughout the year demonstrated that Africa was keen to expand political and development cooperation with India. Armando Guebuza, President of Mozambique, endorsed India's approach towards Africa, expressing readiness “to raise the (bilateral relationship) to a strategic partnership.” Hailemariam Desalegn, Deputy Prime Minister and Foreign Minister of Ethiopia, chose to accord high importance to economic issues. Following a productive meeting of the joint commission, the two sides decided, “to infuse the close political relationship with greater economic content.” The visit by South African President Jacob Zuma helped in re-defining the bilateral agenda and re-launching the joint CEOs Forum.

    Happily, Indian leaders found time to visit Africa in 2010. Vice-President Hamid Ansari's three-country tour covering Zambia, Malawi and Botswana was a notable success. Given his credentials, he was able to evoke old memories of deep political and emotional affinity as well as highlight mutuality of interests and the need for expansion of economic cooperation, thus lending a contemporary character to age-old ties. That he backed it with the announcement of credits and grants (for the three countries) amounting to about $200 million, in addition to credit lines valued at $60 million that were operational prior to the visit, showed India's new strength. This was on display again as the Government agreed to arrange major lines of credits for others: $705 million for Ethiopia for sugar and power sector development and $500 million for Mozambique for infrastructure, agriculture and energy projects.

    The decision by the IAFS to set aside $5.4 billion for lines of credit and $500 million for human resource development during a five-year period means that now nearly $1 billion a year is available for cooperation with Africa. Utilising India's new financial muscle, an ambitious expansion of training programmes for the benefit of Africans is being attempted at present.

    External Affairs Minister S.M. Krishna got a direct feel of issues and personalities on his visit to the Seychelles, Mauritius and Mozambique. As these are all Indian Ocean countries, the strategic dimension of cooperation, especially relating to piracy, terrorism and changing foreign maritime presence, received considerable attention during his discussions. Later the minister, talking to a group of African journalists visiting India, emphasised that our relationship with Africa had “transformed”, with the two sides becoming “development partners looking out for each other's interests and well-being.”

    Commerce and Industry Minister Anand Sharma undertook visits to South Africa, Nigeria, Ghana and Kenya. He was instrumental in facilitating and moulding business-to-business dialogues in all the countries visited, with the help of organisations such as the Confederation of Indian Industry (CII) and the Federation of Indian Chambers of Commerce and Industry (FICCI). For business level exchanges, however, the most significant event in the year was CII-Exim Bank Conclave, held in Delhi in March. About 1,000 delegates attended it, half of whom were from various African countries.

    Bilateral trade

    Bilateral India-Africa trade, which stood at about $1 billion in 2001, has now reached the $40 billion mark. It is an encouraging growth. Figures about India's investments in Africa are confusing, but by taking an average of the figures of cumulative investments released by the Reserve Bank, the CII and the United Nations Development Programme (UNDP), one could place a value of $50 billion on them.

    Three other highlights need to be mentioned here. First, India hosted a meeting of top officials of Africa's Regional Economic Communities (RECs). A first of its kind, the meeting was attended by six of the eight RECs, namely Common Market for Eastern and Southern Africa (COMESA), East African Community (EAC), Economic Community of West African States (ECOWAS), Southern African Development Community (SADC), Community of Sahel-Saharan States (CEN-SAD) and United Nations Association/Arab Maghreb Union (UNA/AMU). It gave them the opportunity to interact with numerous Ministries and business enterprises. Coverage of areas viz stock exchanges, small industry, food processing, infrastructure, IT and telecommunications was quite wide. The visitors expressed “gratitude” to India for the initiative “to recognise the regional dimension of Africa's development.”

    Second, top officials of the Ministry of External Affairs (MEA) undertook visits to Kampala and Addis Ababa in order to carry forward India's dialogue with the African Union (AU) for nurturing ties at the continental level. On the sidelines of its 15th Summit in Kampala in July, Jean Ping, Chairman of the African Union Commission (AUC), expressed immense satisfaction at the model of engagement created by India, adding that it was “the most unique and preferred of Africa's partnerships.” In plain language, he seemed to confirm the view that among many suitors of Africa, both old and new, the two most active are China and India. Ping was also happy with “the determined pace at which implementation (of IAFS decisions) has been undertaken.” However, this might have been more credible had the two sides announced, by now, the venue and timing of the second IAFS.

    Third, a boost to our Africa diplomacy came with the announcement of the Hermes Prize for Innovation 2010 for India's Pan-African e-Network project. The prize was given by the European Institute of Creative Strategies and Innovation, a prestigious think tank. It called the project as “the most ambitious programme of distance education and tele-medicine in Africa ever undertaken.”\

    A few tips

    While moving determinedly to strengthen relations with Africa, the Government needs to do more. African diplomats still speak of the deficit in India's political visibility. Therefore, our President and Prime Minister should find time to visit Africa in 2011. More visits by Mr. Krishna would be helpful. Implementation of the first IAFS decisions, though improving, needs to be speeded up. India Inc. should be more active. In preparing for the second IAFS, South Block should draw from outside expertise. The civil society's potential to strengthen people-to-people relations should be tapped optimally. By according higher attention to Africa, the media could serve as a valuable bridge of mutual understanding.

    Finally, India should declare and celebrate 2011 as its Africa Year.

    The author is former High Commissioner to South Africa, Lesotho and Kenya

    More for Asia:
    Rebalancing World Oil and Gas (http://www.chathamhouse.org.uk/files/18066_1210pr_mitchell.pdf)
    By John Mitchell | Chatham House
    What is Beijing willing to do to secure oil and gas supplies? (http://search.japantimes.co.jp/cgi-bin/eo20101227mr.html) By Michael Richardson | Japan Times





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  • gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.


    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.



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  • rimzhim
    04-09 12:02 PM
    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

    But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)

    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.


    You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.

    Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.





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  • validIV
    06-08 10:41 AM
    Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.

    What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.

    It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?

    Common sense is to rent until you are sure you're staying for good.



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  • gimme_GC2006
    03-25 04:08 PM
    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)





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  • krishna
    02-21 12:45 PM
    Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.



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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.





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  • somegchuh
    03-25 02:53 PM
    Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D


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

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

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



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  • prioritydate
    09-27 06:55 PM
    I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
    I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.

    Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.





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  • rockstart
    07-14 02:11 PM
    vdlrao's figues tell the story

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162


    2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.



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  • gchopes
    06-23 12:22 PM
    If you are worried about 485 getting denied then -

    1. Buy a house now and live in it for 10-15 years and build up equity.
    2. Put the house for sale a month or two or six months (depending on the real estate market in your area) before your PD becomes current (2025).
    3. Live in a rented house for one or two or six months in 2025. Better than living in a rented house from 2009 - 2025. Correct?
    4. But bigger house after GC gets approved OR go back home.

    2025: Congratulations!!! You just made 30-40% profit on your home. Go back home and retire.





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  • knowDOL
    07-15 12:40 PM
    If you are that kind of person who was out of job and not got paid in bench, then go back to your country and don't go against law and get a bad name for all of us who are here legally on everyday for for last 7 -8 years and trying to get GC legally. There are many companies out there who want us in top positions. Just because of GC or EAD it is stalling. If you pay your attorny fee or H1B fee that is your status and do not attribute it to everyone. My company of 54 strength has 15-20 H1Bs and company runs on these individuals. Its been like that from 7 years. Companies hires people and concentrates on product because of the great billing rate H1B's get and because of the great work we do for clients, clients are ready to pay higher $ per hour. Give me your company name and we will make sure to destroy all these chota mota companies who make employees pay H1b fees and do not pay in bench. One fine day, it will anyway happen. In this country, no one can escape long not abiding law.

    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D





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  • unitednations
    03-25 07:10 PM
    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.

    sent.





    dontcareanymore
    08-05 12:45 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    W T F is unfair in that ? Why can't some one convert if they are indeed qualified as EB2 ?

    How about a thorough investigation in to your case to compare what you do with what host of other EB3s do?
    How about to see how long you have been with your employer and how long you intend to stay ?
    How about investigate all other GC apps from your employer and compare your job duties to to others

    I know you are a looser and just convinced your sweatshop owner to file an EB2 case for you. So don't preach.





    lfwf
    08-06 03:38 PM
    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.

    You repeatedly insist on looking at things that way. No one is from heaven and no one is precluding Bs+5 from applying for EB2. They should, why not?
    The question is only: Is it fair for them to get that entire 5 years in their PD as a jump on those who filed EB2 after an advanced degree. That's it. Nothing more or less than that. Please don't read needless nonsense into this. I have no interest in inferior, superior, holier, more genuine etc.
    Nor am i bashing experience and all that. the question simply whether the advantage for going from EB3 to Eb2 should be magnified by allowing the old PD to be ported with it. This kind of situation puts people like me (7 years of education! multiple degrees...) at a serious disadvantage. We would potentially have to wait for every single EB3 that came to the US >5 years ago (even well after we came) to get their GC before ever standing a chance.
    Because they would all be BS+5....and we can't match their PDs. And we have waited as long or more.



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