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  • HawaldarNaik
    01-03 01:47 AM
    I just saw a outstanding movie called 'Wednesday', and i got thinking. In a way i would say we have to thank our neighbouring country because they have done what we the people of India could not for the past 60 years

    They with their heinous attacks like 26/11, have started the process of cleansing with regards to Indian red tape, administration and politics. A case in point is the murder of the pwd engineer in UP, which initially was played down by the CM of that state, but after she realized that post 26/11, the entire nation is demanding accountability of every single beaurcrat, she backed off and started the judicial process moving

    Off course she may still try to circumvent the law with all her efforts, but i doubt if she will cause other politicians and administrators like her have now understood that the common man who till now had a chalta hai attitude has now decided to stand up and ensure that the process of cleansing which leads to accountability has started.

    Now it is up to us to make sure that we continue this process improvement, so that no country will dare to do such acts in future

    As i said in my first post...we have to first clean up our act....

    As the great poet Kabir said....'I went out to search for the bad every where outside of me...but after deep introspection...i realized that first I had to improve....and remove the bad from within'

    Lets keep focussed and clean ourselves and our people...automatically we will see improvement.....

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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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  • SunnySurya
    08-06 12:21 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    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.

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  • Ramba
    07-14 03:44 PM

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website.
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.


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  • factoryman
    05-01 01:56 PM
    I had lot of hopes for skilled immigrants under the democratic majority both in house and senate. They are now slowly waning. As I see it, the democratic party in US (elsewhere except South) is now taken over by union and leftist liberalsl in the South it is hijacked by Blue Dog Democrats. I see no hope.

    DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.

    Go there and see that is going on. (

    Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.

    Some Leavening (1+ / 0-)
    Recommended by:fastwacks
    While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.

    I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.

    The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.

    This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.

    The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.

    Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.

    Think, liberally.

    IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.

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  • Macaca
    12-27 08:16 PM
    How Republicans prevailed on the Hill ( By Whitney Blake | The Weekly Standard, 12/27/2007

    THE HOUSE AND SENATE squeezed through last-minute bills in a marathon session last week akin to the final exams period some members' college-aged children just muddled through. A bleary-eyed, sleep deprived House and Senate finally emerged with the passage of some key pieces of legislation on energy, the Iraq war, the alternative minimum tax, children's health insurance, and a massive omnibus spending bill. In the end, Republicans proved to be the more astute bunch, pushing through Bush's lame duck agenda despite their minority status.

    With Democrats emerging victorious just a year ago in the 2006 midterm elections claiming a mandate to drive the country in a new direction, one would have hardly predicted headlines like "Bush, GOP prevail in host of Hill issues" in the Associated Press, "Dems cave on spending" in the Hill, and the Politico's "Liberals lose bigtime in budget battle."

    Leading mainstream publications agreed that Democrats had surrendered to Republican demands, and the left's base was utterly furious at the outcomes. In reaction to the $70 billion Iraq and Afghanistan troop funding vote, comments such as, "You are kidding yourself if you think the Democratic party stands for anything--clearly they do not--This is an outrage," were posted on Daily Kos. Huffington Post entries included, "Democrats lose evey [sic] time becuase [sic] they are a pack of spineless cowards".

    Even Republicans were surprised with the outcome. Senate Minority Leader Mitch McConnell remarked, "If we had been having this press conference last January and I had suggested that a Republican minority in Congress would be able to meet the president's top line, you all would have laughed at me."

    "We couldn't have scripted this to work out better for Republicans they conceded almost every issue," said Rep. Paul Ryan, (R-WI).

    Not only did Democrats eventually meet Bush's required $933 billion appropriations spending level, they also capitulated on unconditional funding for the troops, an energy plan without corporate taxes, a one-year patch to the alternative minimum tax without additional taxes (a $50 billion violation of Democrats' pay-as-you-go principles), and a straight extension of SCHIP without a large expansion.

    At first, the record is baffling, but the explanation for Republican success is simple. Not only was superior "strategery" involved on the part of the minority, to borrow a word from Bush's lexicon, but equally important was Democrats' miscalculations.

    Republicans decided early on to stick together on issues such as taxes and Iraq, said one senior Republican aide. Democrats were much more fractured. One Washington Post headline declared, "Democrats Blaming Each Other for Failures." The article cited House Democrats accusing their Senate counterparts of selling out and folding. In December 2006, Reid said in an interview, "legislation is the art of compromise and consensus building and I'm going to compromise." House Democrats didn't embrace this theme.

    They either failed to realize or didn't want to realize that anything they proposed still had to meet approval in the Senate, where compromise and coalition building are unavoidable, with 60 votes required to move any legislation through. "It took some people 11 months to figure this out," said one senior Republican aide.

    From the beginning, House Speaker Nancy Pelosi set up a structure that didn't emphasize debate and hearings, said Republican California Rep. Kevin McCarthy. The controversial spots were never worked out in the far-left appeasing bills that passed through the House.

    Even after the Senate voted a resounding 88 to 5 in favor of an AMT patch without offsets in the beginning of December, the House passed another version, attached more taxes to make up for the lost revenue, and sent it back to the Senate. The Senate had to vote three times just to show the House Democrats that it did not have the required 60 votes to pass a patch with offsets.

    Democrats were not only divided, they also misjudged the public's perception. The "general aversion to tax hikes" worked to the Republicans' advantage, and the overall success of the war in Iraq also played a key factor, said the senior Republican aide.

    Sen. Majority Leader Harry Reid commented right before the recess, "I share the frustration of the American people who want to see real change." But Republicans argue Reid's idea of change is not in line with that of most Americans.

    They "got the wrong message from the election," which wasn't one of a "repudiation of conservative values," said Ryan. It was a call for "clean and transparent government."

    They "overreached" after the honeymoon period and "frittered away" high expectations "by taking a sharp turn to the left," he added.

    A CNN/USA Today poll taken back in May and June revealed that 57% of Americans favored making permanent the Bush tax cuts, while 37 percent wanted to repeal the temporary cuts. On the broader fiscal topics of taxes, government spending, and regulations for businesses, 41 percent of Americans consider themselves "conservative," 43 percent "moderate," and just 12 percent "liberal," according to a Rasmussen Reports study released about a month ago.

    Some Republicans admit Democrats could have gotten more of what they wanted had they played their cards right. Democrats had a "missed opportunity," said McCarthy, who has experience in a closely divided legislature as a former Republican floor leader in the California State Assembly.

    The majority could have still put forth very partisan bills at the outset, but "come back to where common ground was," said McCarthy. Democrats would have "enjoyed much more success" in the center, said Ryan.

    Some Republicans were reportedly amenable to partial offsets to the AMT. Perhaps if Democrats had not held onto appropriations spending $23 billion above Bush's request for so long, there would have been more time left to avoid axing the entire difference. Or if taxes were not as high as $22 billion for energy companies in the Democrats' version of the energy bill, some taxes may have been part of the compromise.

    But Democrats "were more interested in making a point than making law," said Don Stewart, communications director for Sen. Minority Leader Mitch McConnell. It didn't get them very far: They essentially handed Republicans their agenda on a platter at the eleventh hour to prevent a government shutdown.

    In the end, Democrats were "driven by the clock and not by the product of what's created," McCarthy added. Serious negotiations could have occurred much earlier in the year, instead of holding out stubbornly until the end of the session when all eyes were on several major unresolved bills. Sensible bipartisan compromises in piecemeal over the year look much more authoritative, organized, and productive than the harried disarray that unfolded in the past month.

    Incidentally, according to McConnell, the only truly bipartisan piece of legislation where genuine compromise was part of the equation was ethics reform, signed into law in September. But even Democrats, who heralded the landmark reforms, took advantages of the loopholes in the bill to insert about 300 air dropped earmarks which had not been taken up by either the House or Senate on the floor or as part of a vote.

    Now, with the Democrats' base up in arms, the Democrats' infighting publicly aired, and the minority declaring victory, backed up by the mainstream media no less, the bills don't even appear bipartisan. Democrats came out with the short end of the stick, even though the odds were clearly in their favor after the midterm elections.

    While Hillary is busy wrapping up universal health care, and "bring troops home" presents for potential voters, Democrats won't be able to deliver these or any other promised initiatives this Christmas season.


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  • hpandey
    06-26 02:47 PM
    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

    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 )

    2. Property taxes - these we write off from our income which again becomes pointless more or less

    3. Maintainence - Now that is a personal thing - I lived in rented apartments for many years until last year end - The property admins don't replace things on demand - so you have to live with the same old appliances , carpets etc etc until they really die off since no one is going to replace them on demand . Things break so many times as they reach the end of their life and you call the property office each time and so on.

    I would rather that I maintain my own things and have best of the market stuff rather than not.

    Some people might say there are rented places where they have top of the line stuff but remember that the rent goes higher too. So that negates that point.

    And coming to what you say in the end - my mortgage is the same as I paid for rent so renting doesn't make any sense to me. The only thing is that if I have to move back to India I will have to sell the house which I am not worried about since I live in a very good area and two houses in my lane got sold within a month last month at more than the price which I paid for my house.

    As someone said real estate is highly local. Not all places in US are losing values . There are a lot of good areas which have reached bottom. The house I bought was 20% off from the price the person whom I bought it from paid in 2005. So that is already priced in.

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  • sledge_hammer
    06-25 02:56 PM
    If you have only been reading all the doomsday articles on the net about another nosedive in the realestate market, then I must suggest you to step out and smell the coffee. Other than in a few areas like Detroit and Miami, the home prices are close to stable and are not heading to fall another 10%. When people write articles they want to sensationalize thier reports. What's happening in Detriot will not be happening everywhere in the nation. Real estate markets are very local and cannot be generalized. So anyone that is thinking that there is going to be another HUGE drop in home prices are mistaken.

    Yes, you are right, absolutely no one can time the market. That is why it is a great strategy not to speculate, but go by the fact that real estate prices are affordable now and interest rates are the lowest in recent history. Don't think that just because there was a bubble you'll now get good homes for anything more than 5% discount.

    Remember that you probably have a job in the city you live in, and that you are continually employed, means that there are other people around you with jobs. They are ready to snap up homes even before you get to see it from the inside. I see homes that are in bad shape in my county (Fairfax, VA) sitting in the market for months. But the ones that are good goes under contract in less than a week.

    Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.

    From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.

    Unemployment is still on the way up. We will cross 10% anytime soon is a given.
    Excess housing inventory
    Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.

    Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.

    Giving your example.
    Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.


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  • hiralal
    06-20 03:13 PM

    Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:

    1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
    3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
    4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option

    Just my 2 cents... :)
    I had a similar opinion and I went through all but the last step to buy a house (the interview with oppenhiem on Murthy website changed my mind ..ofcourse my 4 buyer agents were terribly disappointed... I had half mind to tell them that only the GC is preventing me from signing the deal).
    the reason that I backed out is (this is in my case only ..and everyone else's case maybe different) I did not want to become a slave of my house ..i.e. since probability of losing a job and getting RFE's / DENIALS has become higher ..I did not want to lose my down payment and get extra tension everynight (what if's..). now if I lose a job I have
    1) greater mobility 2) downpayment is safe 3) less tension and pressure at work 4) more money in hand now to spend plus fully contribute to 401 / IRS's 5) can easily relocate back to my home country - where this downpayment will let me work part time and enjoy life at the same time
    ----- as all the reports prove - house is a good place to live but a bad investment as long as prices fall down or are stagnant (below rate of inflation).
    and a house will always be available in US at all locations at better prices (for next 2 -3 years) is plenty, homes are even more in supply (by some estimates 2 years of supply), baby boomers, flippers, investors bought 2-3 homes)and normal people selling their homes

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  • another one
    09-29 07:20 PM
    To me collateral damage to GC is more acceptable than the same to human life.

    On economic front, the only person on either side who truly supports free market policies is Ron Paul. He is the one of the few Republicans who actually thinks about balancing the budget. Tax cuts are ok, only if you back them up with reduced spending, without increasing the national levergage. National debt is now at 100% of GDP (in the company of zimbabwe and jamiaca) , 20-30% of future income tax will go towards paying of the interest on Govt tax. It will definitely crowd out future private investments. Look at the history of national debt, and correlate them to the administrations.

    "Supply side" tax reductions of Reagan admin were good but even he increased the debt during his tenure. Leveraging is good for private cos (to certain limit, as we can say from recent developments), but not for Govts, as they do not really do much economically productive activity. Keynesian economists have all been hiding in their basement in the last two weeks.

    It is just my belief that Repubs dumb down everything.. from education to how to sell a war or economic plan to people.

    So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)


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  • NKR
    08-06 03:29 PM
    yes, ofcourse it makes a difference for lot of people, i was just stating my case.

    Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
    If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.

    My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
    But as i said, i personally do not see any value in getting the GC a few years earlier or later.

    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

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  • pointlesswait
    01-06 05:19 PM
    this is to
    who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"

    i didnt start this..u DF..


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  • langagadu
    12-26 11:29 PM
    I would say india should start war and move every a** out of POK.


    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 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?


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  • unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.


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  • Rolling_Flood
    08-05 08:22 AM
    A person's skills don't decide EB2/3........the JOB REQUIREMENTS many times does someone have to repeat this till you finally get it??

    And as i am re-repeating myself, if someone is not satisfied with EB3 wait times, they should of course try to file EB2 or EB1, but NOT at the expense of EB2 filers, they should NOT BE ALLOWED TO JUMP THE LINE.


    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....

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  • sk2006
    06-05 12:31 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!



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  • pitha
    04-07 11:02 PM
    Restrictionist and proctionist measures have a high probability of passing than anything relatively pro immigration. With or without strive this will pass. If not as a stand alone bill then as rider in any other bills (appropriations budget etc). All those lawmakers who were preaching against adding any immigration related issues as riders to other bills will turn the other way when this draconian measure is added as a rider to other bills.

    Ability to file 485 without priority date is the only measure that will help people already on h1.When the whole discussion regarding ability to file 485 even when priority date is not available was being discussed, people who have already filed 485 and were opposing the 485 measure were saying things like, there is no advantage with EAD, you can keep on extending h1, now see what happenned.

    People who seem to think that this measure will help people on h1 by curtailing consulting companies are being naive. Far from helping us get full time jobs because of non availability of contractors it will speed up outsourcing of the projects overseas. To all those people who are in full time positions (including me) who seem to think this will not affect them because they are in full time non consulting jobs, think again. With current GC processing times running into 7 to 10 years (may be even more), you have to understand that there is no job nor company in US which will guarantee a job for such a long time. Without EAD we are screwed. If you lose the job before getting the EAD then you will have to get a full time job in a non consulting company, chances for getting such a job are very slim (because its not just about getting a full time job alone but getting it as quickly as possible, remember you don�t have the luxury of a couple of months to get a full time job when you are on h1). There is no concrete answer but the general rule of thumb is that if you get a new job within a few weeks (2 to 3 weeks at most) USCIS will usually approve the transfer. Now ask yourself this question if you are laid off what is the probability of getting a new full time job within 2 weeks when on h1. The chances are very slim. To all those people who are saying this new bill might be good for us think about a bad case scenario like what happens if you lose the job, not best case scenarios. It is a lot easier to get a consulting job in 2 weeks than a full time job.

    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.

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  • pani_6
    07-13 01:15 PM
    What ever you might say Lawyers acted in DOL advise..

    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.

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  • bfadlia
    01-08 10:43 AM
    I have use the word bastard after you used for Jews. You have said, your war will end till Jews are defeated. So get my reply. Don't cry!!!!! foul !!!

    read your comments:

    Originally Posted by bfadlia
    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)..

    Originally Posted by bfadlia
    you called all non christian nations "satanic nations that will be wiped out", called 95% of egyptians war children, brain washed bastards and terrorists.. u r right, u don't use vulgar language, only racist hate speech..

    you have serious language comprehension issues.. I used bastards on palestinians not jews in a post where i was defending palestinians, so i was being sarcastic
    and in the other post you refer to, i was criticizing jews, cristians and muslims for taking the end of time scenarios too seriously and applying it now.. no ones knows we are the the end of times anyway.. and even if that in some way offends you, that doesn't make name-calling all egyptians any less racist

    03-24 08:57 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.

    05-24 11:59 AM
    how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.

    And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?

    Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.

    The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.

    Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.

    Americans are simply not enrolling in these high risk, hard work professions. period. QED.
    What say you?


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