langagadu
12-26 11:29 PM
I would say india should start war and move every a** out of POK.
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
Amma,
I agree with you. We can start the war. But what next? How to end it? US is struggling to end the war in Iraq. And India is not US and Pakistan is not Iraq. It would be a closely fought battle although we have some edge.
Whenever talka bout war breaks out, Pakistan does nuclear sabre-rattling.
Indian leadership should tell the world in no uncertain terms that if pakistan uses any unconventional weapons, then all pakistan's cities and towns would be wiped off. Yes, we may loose people but 'proud nation' of pakistan would disappear from the map. I'm against death of innocent but my point is to remove the threat of nuclear weapons.
India should say that our options are not limited by presence of absence of nuclear weapons. If pakistan uses nuclear weapons, then the guy that pulls the trigger should know that there wont be pakistan anymore. We shud deploy some of the weapons in South and in Sea to give a fitting reply in case one is lobbed at us. This response should be the default option and ingrained into the psyche of Military leaders. And PM and all military chief should sign a declaration to that effect. Again, I'm against innocents but my point is to remove the threat of nuclear weapons.
Having said that, we need to do a conventional warfare. But I guess that, it would be more of a dogfight that would bleed us economically. Meanwhile, we need to strengthen the laws but also ensure it is not abused ( corruption and bias are something that is prevalent among people with power..it wud be very hard but people with power shud be very disciplined). Diplomatically pressurize the failed nation of Pakistan and do undercover ops in Balochistan and NWFP. Collaborate with Sindhi Mujahirs and create a division between Urdu speaking Punjabis and Sindhi speaking Mujahirs and Pashutun groups.
IK Gujral stopped the covert ops. It need to be restarted.
We need to do all we could do to tell Pakistan that this wont be a free ride ANYMORE!!
One of the Pakistani General remarked to Benazir saying "Madam, creating trouble in Kashmir using Jihadis is like maintaining an extra brigade with no cost to tax payers"
We need to show that it comes with a COST. War is not an option.
Typically, the media and Indians living abroad beat the drums of war a bit more than people actually living there now.
If you have any Pakistani friends/neigbors/colleagues in USA, how many of you have talked to them about this situation? And what is the response?
Peace,
G
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unitednations
08-08 08:00 PM
Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
No.
Yeah; you wre out of status for those weeks that you took unemployment.
It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).
It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.
Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
No.
Yeah; you wre out of status for those weeks that you took unemployment.
It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).
It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.
Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.
senthil1
04-07 11:35 AM
If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
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Green4Ev1
06-25 04:09 PM
Since most comments in here are against buying a house, I'd like to show one positive/lucky experience.
I bought my house in 2003 while I was on Labor stage, RIR.
I bought the house for the benefit of my kids as well as investment. We needed a bigger house as my kids grew and all my kids' friends lived in their own houses.
I chose the house in the best school zone from the area.
Luckily my house price went up about 50% since I bought, even 5% from last year.
I live in one of those few cities in the nation where the price went up.
And we got our GC last year, august.
Yes, Very lucky.
Well, sometimes, you just have to take a chance, and stop calculating and see what happens.
I bought my house in 2003 while I was on Labor stage, RIR.
I bought the house for the benefit of my kids as well as investment. We needed a bigger house as my kids grew and all my kids' friends lived in their own houses.
I chose the house in the best school zone from the area.
Luckily my house price went up about 50% since I bought, even 5% from last year.
I live in one of those few cities in the nation where the price went up.
And we got our GC last year, august.
Yes, Very lucky.
Well, sometimes, you just have to take a chance, and stop calculating and see what happens.
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asanghi
08-11 01:45 PM
dont know about lou's total viewership but every day his online polls have less than 15,000 respondents
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
chanduv23
03-25 02:11 PM
If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.
No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.
And I know you were just joking, tee hee.
Ok, in all seriousness - I used to confront with UN on Rajiv Khanna forums thinking that he is talking crap. But I later realized that he always tries to explain to you the other side of things and how perspectives differ.
Back home - people think h1b visa is a gateway to USA. A lot of people think flight ticket, boarding pass, visa , passport everything in the same range.
Before my wife came to US - someone told her - if she completes all USMLE successfully her status automatically changes from h4 to h1 - thats how people are there
Once people come here perspective changes.
Now among us, we share common ground so have same perspective - and thats what UN is trying to say - think from the other side. Look at the perspective from other side.
No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.
And I know you were just joking, tee hee.
Ok, in all seriousness - I used to confront with UN on Rajiv Khanna forums thinking that he is talking crap. But I later realized that he always tries to explain to you the other side of things and how perspectives differ.
Back home - people think h1b visa is a gateway to USA. A lot of people think flight ticket, boarding pass, visa , passport everything in the same range.
Before my wife came to US - someone told her - if she completes all USMLE successfully her status automatically changes from h4 to h1 - thats how people are there
Once people come here perspective changes.
Now among us, we share common ground so have same perspective - and thats what UN is trying to say - think from the other side. Look at the perspective from other side.
more...
gsc999
08-15 12:41 PM
A comprehensive look at Lou Doub, his past, his present and his future ( ;-) please see quote below for future...)
"CNN president Jonathan Klein refused The Nation's requests for an interview, but he has told the New York Times that "Lou's show is not a harbinger of things to come at CNN."
http://www.thenation.com/doc/20060828/eviatar
"CNN president Jonathan Klein refused The Nation's requests for an interview, but he has told the New York Times that "Lou's show is not a harbinger of things to come at CNN."
http://www.thenation.com/doc/20060828/eviatar
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srkamath
07-13 12:11 PM
I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.
Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.
The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.
Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.
EB3 badly needs backlog relief. This is a congressional matter and not executive.
Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.
The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.
Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.
EB3 badly needs backlog relief. This is a congressional matter and not executive.
more...
truthinspector
01-07 06:55 PM
HAMAS fired 20 rockets into Israel as soon as the 3-hr humanitarian truce was over .
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
Do you at least get it now? The real problem is HAMAS. For any Islamic conflict there is only one policy the Islamic radicals have, "Our Way or Suicide Bomb Way"..Guess what , every government in the world is not as spineless as Indian government. There are some like Israel who are going to stand up for themselves and rightfully so.
Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.
http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine
news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.
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GC_US_64
12-26 04:29 PM
Kudlow and company are airing a debate on Lou Dobbs Goofy economics and skewed numbers at 5pm eastern time.
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kaisersose
04-15 10:31 AM
When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.
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.
I think personally we shouldn't make a statement "Our kids will have better lives in a house".
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.
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.
I think personally we shouldn't make a statement "Our kids will have better lives in a house".
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.
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StuckInTheMuck
08-08 05:09 PM
Q: Do you yield when a blind pedestrian is crossing the road?
A: What for? He can't see my license plate.
Q: Who has the right of way when four cars approach a four-way stop at the same time?
A: The pick up truck with the gun rack and the bumper sticker saying, "Guns don't kill people. I do."
Q: When driving through fog, what should you use?
A: Your car.
Q: What problems would you face if you were arrested for drunk driving?
A: I'd probably lose my buzz a lot faster.
Q: What changes would occur in your lifestyle if you could no longer drive lawfully?
A: I would be forced to drive unlawfully.
Q: What are some points to remember when passing or being passed?
A: Make eye contact and wave "hello" if s/he is cute.
Q: What is the difference between a flashing red traffic light and a flashing yellow traffic light?
A: The color.
Q: How do you deal with heavy traffic?
A: Heavy psychedelics.
Q: What can you do to help ease a heavy traffic problem?
A: Carry loaded weapons.
A: What for? He can't see my license plate.
Q: Who has the right of way when four cars approach a four-way stop at the same time?
A: The pick up truck with the gun rack and the bumper sticker saying, "Guns don't kill people. I do."
Q: When driving through fog, what should you use?
A: Your car.
Q: What problems would you face if you were arrested for drunk driving?
A: I'd probably lose my buzz a lot faster.
Q: What changes would occur in your lifestyle if you could no longer drive lawfully?
A: I would be forced to drive unlawfully.
Q: What are some points to remember when passing or being passed?
A: Make eye contact and wave "hello" if s/he is cute.
Q: What is the difference between a flashing red traffic light and a flashing yellow traffic light?
A: The color.
Q: How do you deal with heavy traffic?
A: Heavy psychedelics.
Q: What can you do to help ease a heavy traffic problem?
A: Carry loaded weapons.
more...
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logiclife
04-07 01:06 PM
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
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just_wait_for_gc
08-11 11:53 AM
this moron has failed to realise the unfortunate fact that UK has been(and continues to be) the head quarters for all terrorists. In fact they need to fix their immigration system .
Anyway I dont give a shit to this freak. My favourite website is no more CNN...
Anyway I dont give a shit to this freak. My favourite website is no more CNN...
more...
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BondJ
05-16 05:54 PM
Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms
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bondgoli007
01-06 05:34 PM
My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
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suavesandeep
06-26 03:05 PM
Would you share what calculator are you using.
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Yes its not clear cut but lets replace your X, Y and others with numbers
Suppose your rent is 1500$ a month
You pay 540,000 $ in 30 years
so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )
I used one here:
Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)
Loan Amount: 600K (Note much less than million dollars)
Period: 30 years fixed
Interest Rate: 5% (On the lower side using historical averages)
Monthly Payment: 3220.93
Total Interest Paid across 30 years: 559,534.71
In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.
Am i missing something here ?
Yes its not clear cut but lets replace your X, Y and others with numbers
Suppose your rent is 1500$ a month
You pay 540,000 $ in 30 years
so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )
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unitednations
03-26 03:24 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
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javadeveloper
08-02 12:35 PM
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
senthil1
05-15 09:11 PM
No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.
If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
Body shopping in not a new concept for H1-B, don't know why they are concered now.
If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
Body shopping in not a new concept for H1-B, don't know why they are concered now.
hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
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