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  • pitha
    09-26 10:38 AM
    cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.

    The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.

    to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir

    These are a list of bad things that were in cir and will be in obama-durbin cir

    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.





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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:





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  • manub
    07-08 09:39 PM
    Thank You for all the support.
    I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
    I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
    What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
    Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
    I will keep you posted.
    thank you again.





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

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

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



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

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

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

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



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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D





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  • jkays94
    05-31 08:36 PM
    Some CNN folks move to Fox but I doubt whether Lou stands a chance.


    Dobb's was once CNN's executive VP, he quit CNN and returned later....

    Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from Moneyline to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Moneyline which later became Lou Dobbs Tonight. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and is a regular columnist in Money magazine, U.S. News & World Report, and the New York Daily News. [more] (http://en.wikipedia.org/wiki/Lou_Dobbs)



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  • pitha
    10-06 01:57 PM
    Fareed Zakaria has a program called GPS on CNN. Last week he went to singapore and interviewed a security\economic analyst from india, singapore and China. The analyst said something which was 100% acurate and something very semilar to what is happenning on this forum, He said India in its heart wants Obama to win but thinking with its head (logically) they want Mccain to win. He said Obama would be a disaster to India. He went on to read a laundry list of things in which Obama would be bad for India and one of the things that he cited would be bad for India under Obama was EB immigration for Indians and Chinese. Even analysts from India, China and singapore recognize what a disaster Obama would be for Eb immigrants and we here are still hoping for a obama win. Anyway, You and I (EB imigrants) hoping will not make any difference but atleast wake up to the impending disaster in the form of Obama\Durbin and start planning for it.

    I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.

    Source: http://www.rediff.com/news/2008/oct/03ndeal.htm





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  • xyzgc
    01-01 07:48 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    Yes, your points are valid. I agree with you. I have the same views and part of the frustration is that the govt doesn't do anything to improve the security. Folks just complain how incompetent the police is, but the police are never paid well, don't have enough arms.
    I wonder why they paid Govt employees so less, who will not be corrupt if you are paid so less...now the salaries are better. My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!



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  • unitednations
    08-02 02:34 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.


    Obvious questions is; why take the risk.

    A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.

    However; i am sure uscis would have smartened up now...

    I can't give you a definitive answer with whether they would reject the case or not.

    Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.

    In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.





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  • yibornindia
    08-05 12:11 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.


    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.



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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.





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  • Macaca
    03-19 01:20 PM
    New Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007

    The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.

    The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."

    "I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.

    "For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."

    But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.

    But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.

    "However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."

    (Last Thursday, the Appropriations Committee approved the bill without the language.)



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

    1: Reverting rollover will only benefit EB3-ROW.

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


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

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

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





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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)



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  • Macaca
    12-27 12:34 PM
    The following appeared in NYT yesterday. It was discussed by Pat Buchanan (hosting Tucker Carlson's show on MSNBC) last evening. Pat was surprised that Demz were considering it.

    It is available here http://www.nytimes.com/2006/12/26/washington/26immig.html?_r=1&oref=slogin

    WASHINGTON, Dec. 25 � Counting on the support of the new Democratic majority in Congress, Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship than would a bill that the Senate passed in the spring.

    The lawmakers are considering abandoning a requirement in the Senate bill that would compel several million illegal immigrants to leave the United States before becoming eligible to apply for citizenship.

    The lawmakers are also considering denying financing for 700 miles of fencing along the border with Mexico, a law championed by Republicans that passed with significant Democratic support.

    Details of the bill, which would be introduced early next year, are being drafted. The lawmakers, who hope for bipartisan support, will almost certainly face pressure to compromise on the issues from some Republicans and conservative Democrats.

    Still, the proposals reflect significant shifts since the November elections, as well as critical support from the Homeland Security Department.

    Proponents said the prospects for such a measure, which would include tougher border security and a guest worker plan, had markedly improved since Nov. 7.

    The Senate plans to introduce its immigration bill next month with an eye toward passage in March or April, officials said. The House is expected to consider its version later. President Bush said last week that he hoped to sign an immigration bill next year.

    The major lawmakers drafting the legislation include Senators Edward M. Kennedy, Democrat of Massachusetts, and John McCain, Republican of Arizona, along with Representatives Jeff Flake, Republican of Arizona, and Luis V. Gutierrez, Democrat of Illinois. The four met this month, and their staffs have begun working on a bill.

    �I�m very hopeful about this, both in terms of the substance and the politics of it,� said Mr. Kennedy, the incoming chairman of the Senate Immigration, Border Security and Citizenship Subcommittee.

    Mr. Kennedy acknowledged that there would be hurdles. But he and other lawmakers say Republicans and Democrats are now more likely to work together to repair a system widely considered as broken.

    House Republicans blocked consideration of the bill that passed the Senate this year, saying it amounted to an amnesty for lawbreakers and voicing confidence that a tough stance would touch off a groundswell of support in the Congressional elections. The strategy largely failed.

    Hispanic voters, a swing constituency that Republicans covet, abandoned the party in large numbers. Several Republican hardliners, including Representatives John Hostettler of Indiana and J. D. Hayworth of Arizona, lost their seats. After the dismal showing, House Republicans denied F. James Sensenbrenner Jr. of Wisconsin, the departing chairman of the Judiciary Committee and an architect of the House immigration approach, a senior position on any major committee in the new Congress.

    Domestic security officials have voiced support for important elements of the framework under consideration. Homeland Security Secretary Michael Chertoff has repeatedly raised doubts about the effectiveness of border fencing in remote desert areas. Mr. Bush signed the fence bill this year, but Congress did not appropriate enough money for it. Officials say they would also prefer a less burdensome process than the original Senate bill outlined.

    That bill divided the estimated 12 million illegal immigrants into three groups, those living here for five years or more, those here for two to five years and those here for less than two years.

    All but the illegal immigrants living here for five years or more, roughly seven million, would have to leave the country briefly to be eligible for legal status. Those here for fewer than two years would have to leave the country and would not even be guaranteed a slot in a guest worker plan.

    Domestic security officials said the original plan would have been enormously difficult to administer because many illegal immigrants lacked documentation to prove how long they had been in the United States.

    The officials said it would have fueled a market in fraudulent documents as illegal immigrants scrambled to offer proof of residency.

    The three-tiered approach would also discourage millions of illegal immigrants from registering, driving millions deeper underground.

    �We do have concerns over breaking it down into that tiered system,� said a domestic security official who insisted on anonymity. �When you do that, you run the risk of people trying to create false documentation that would get them the highest benefits.�

    Also expected to have prominent roles in the debate are Representatives Zoe Lofgren, the California Democrat who is likely to head the House Immigration, Border Security and Claims Subcommittee; Howard L. Berman, a California Democrat who has followed immigration issues closely for many years; and Bennie Thompson, the Mississippi Democrat who is set to lead the House Homeland Security Committee and has said he plans to re-evaluate the 700-mile fence.

    But Mr. Flake described himself as optimistic, saying the elections had disabused many Republicans of the notion that opposing legalization and guest worker plans would win widespread support.

    �That illusion is gone,� he said.

    The percentage of Hispanics who voted for Republicans fell to 29 percent, from 44 percent in 2004, and some Republicans say passing immigration bills is a crucial part of the effort to win them back.

    Mr. Flake warned that some Republicans might balk at proposals like broadening the number of illegal immigrants eligible for a less burdensome path to citizenship, making passage of bipartisan legislation potentially �politically more difficult.�

    The prospects for a bill that contains such a proposal remain particularly uncertain in the House, where many prominent Democrats want to ensure broad bipartisan backing as part of their efforts to maintain their majority in 2008, Congressional aides said.

    The House Democrats are concerned about protecting newly elected moderate and conservative Democrats, some of whom had campaigned against legalizing illegal immigrants.

    It is also unclear whether Mr. Gutierrez and Mr. Flake will produce the only House legislation on immigration and whether their plan will ultimately become the basis for the bill that emerges.

    In the Senate, Mr. Kennedy�s bill certainly has the backing of the Democratic leadership, Congressional aides said.

    Senator John Cornyn, Republican of Texas, argued that expanding citizenship eligibility and abandoning financing for the fence would alienate moderates in both parties. The three-tier legalization system, a hard-fought compromise, was critical for moderate Republican support for the original bill.

    The plan under consideration would allow 10 million or 11 million illegal immigrants to become eligible to apply for citizenship without returning home, up from 7 million in the original Senate bill. To be granted citizenship, they would have to remain employed, pass background checks, pay fines and back taxes, and enroll in English classes.

    �I think it�s a nonstarter,� said Mr. Cornyn, who opposes a path to citizenship for illegal workers, but supports a plan for temporary workers that would let foreigners work here temporarily before returning home.

    Congressional aides and lawyers familiar with the proposed bills emphasize that it will be very difficult for a smaller group of illegal immigrants, those who arrived after a certain date, perhaps 2004, to become citizens. The aides said the bill might include incentives for illegal immigrants to leave the country. While they hope such elements may ease concerns, many challenges remain.

    Some powerful unions, which expect to exert more leverage in the new Congress, remain deeply opposed to the temporary worker program in the Senate bill. The unions say it threatens American jobs.

    Officials at the A.F.L.-C.I.O. say they can scuttle such a plan next year, even though Mr. Bush and businesses say it is critical to ensure an adequate labor force.

    There is also the political clock to consider. Supporters of immigration measures acknowledge that the prospects for a bipartisan bill will dim significantly if a bill is not passed before the presidential primaries of 2008 are in full swing.

    Some Congressional aides and immigrants� advocates worry about the commitment of Mr. McCain, a likely presidential candidate in 2008.

    Mr. McCain has long supported legalization that would not require illegal immigrants to leave the United States. Some advocates fear that his ambitions may lead to a shifting of that stance to avoid alienating moderate Republicans.

    A spokeswoman for Mr. McCain said last week that he was not available to comment on the bill being drafted.

    Many lawmakers say their hope is growing that Congress will pass an immigration bill next year.

    �There are going to be hard choices that are going to be made, because we need to build a bipartisan, broad-based coalition,� said Mr. Gutierrez, who leads the House Democratic immigration group. �But I�m hopeful that in the environment in which we�re working now we can get it done.�





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  • satishku_2000
    08-03 05:05 PM
    What exactly is the difference between current and future employments in the context of Perm labor certification and 485. I have seen people using two things interchangeably to suit their arguments. In context of finding ability to pay is there a difference in the way adjudicator looks at two things?



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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them





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  • mariner5555
    03-28 04:45 PM
    correct.
    Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
    --------
    here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
    --
    this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.

    Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.

    Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.





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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.





    mrane1
    04-07 02:45 AM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!

    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?





    Macaca
    12-27 12:34 PM
    The following appeared in NYT yesterday. It was discussed by Pat Buchanan (hosting Tucker Carlson's show on MSNBC) last evening. Pat was surprised that Demz were considering it.

    It is available here http://www.nytimes.com/2006/12/26/washington/26immig.html?_r=1&oref=slogin

    WASHINGTON, Dec. 25 � Counting on the support of the new Democratic majority in Congress, Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship than would a bill that the Senate passed in the spring.

    The lawmakers are considering abandoning a requirement in the Senate bill that would compel several million illegal immigrants to leave the United States before becoming eligible to apply for citizenship.

    The lawmakers are also considering denying financing for 700 miles of fencing along the border with Mexico, a law championed by Republicans that passed with significant Democratic support.

    Details of the bill, which would be introduced early next year, are being drafted. The lawmakers, who hope for bipartisan support, will almost certainly face pressure to compromise on the issues from some Republicans and conservative Democrats.

    Still, the proposals reflect significant shifts since the November elections, as well as critical support from the Homeland Security Department.

    Proponents said the prospects for such a measure, which would include tougher border security and a guest worker plan, had markedly improved since Nov. 7.

    The Senate plans to introduce its immigration bill next month with an eye toward passage in March or April, officials said. The House is expected to consider its version later. President Bush said last week that he hoped to sign an immigration bill next year.

    The major lawmakers drafting the legislation include Senators Edward M. Kennedy, Democrat of Massachusetts, and John McCain, Republican of Arizona, along with Representatives Jeff Flake, Republican of Arizona, and Luis V. Gutierrez, Democrat of Illinois. The four met this month, and their staffs have begun working on a bill.

    �I�m very hopeful about this, both in terms of the substance and the politics of it,� said Mr. Kennedy, the incoming chairman of the Senate Immigration, Border Security and Citizenship Subcommittee.

    Mr. Kennedy acknowledged that there would be hurdles. But he and other lawmakers say Republicans and Democrats are now more likely to work together to repair a system widely considered as broken.

    House Republicans blocked consideration of the bill that passed the Senate this year, saying it amounted to an amnesty for lawbreakers and voicing confidence that a tough stance would touch off a groundswell of support in the Congressional elections. The strategy largely failed.

    Hispanic voters, a swing constituency that Republicans covet, abandoned the party in large numbers. Several Republican hardliners, including Representatives John Hostettler of Indiana and J. D. Hayworth of Arizona, lost their seats. After the dismal showing, House Republicans denied F. James Sensenbrenner Jr. of Wisconsin, the departing chairman of the Judiciary Committee and an architect of the House immigration approach, a senior position on any major committee in the new Congress.

    Domestic security officials have voiced support for important elements of the framework under consideration. Homeland Security Secretary Michael Chertoff has repeatedly raised doubts about the effectiveness of border fencing in remote desert areas. Mr. Bush signed the fence bill this year, but Congress did not appropriate enough money for it. Officials say they would also prefer a less burdensome process than the original Senate bill outlined.

    That bill divided the estimated 12 million illegal immigrants into three groups, those living here for five years or more, those here for two to five years and those here for less than two years.

    All but the illegal immigrants living here for five years or more, roughly seven million, would have to leave the country briefly to be eligible for legal status. Those here for fewer than two years would have to leave the country and would not even be guaranteed a slot in a guest worker plan.

    Domestic security officials said the original plan would have been enormously difficult to administer because many illegal immigrants lacked documentation to prove how long they had been in the United States.

    The officials said it would have fueled a market in fraudulent documents as illegal immigrants scrambled to offer proof of residency.

    The three-tiered approach would also discourage millions of illegal immigrants from registering, driving millions deeper underground.

    �We do have concerns over breaking it down into that tiered system,� said a domestic security official who insisted on anonymity. �When you do that, you run the risk of people trying to create false documentation that would get them the highest benefits.�

    Also expected to have prominent roles in the debate are Representatives Zoe Lofgren, the California Democrat who is likely to head the House Immigration, Border Security and Claims Subcommittee; Howard L. Berman, a California Democrat who has followed immigration issues closely for many years; and Bennie Thompson, the Mississippi Democrat who is set to lead the House Homeland Security Committee and has said he plans to re-evaluate the 700-mile fence.

    But Mr. Flake described himself as optimistic, saying the elections had disabused many Republicans of the notion that opposing legalization and guest worker plans would win widespread support.

    �That illusion is gone,� he said.

    The percentage of Hispanics who voted for Republicans fell to 29 percent, from 44 percent in 2004, and some Republicans say passing immigration bills is a crucial part of the effort to win them back.

    Mr. Flake warned that some Republicans might balk at proposals like broadening the number of illegal immigrants eligible for a less burdensome path to citizenship, making passage of bipartisan legislation potentially �politically more difficult.�

    The prospects for a bill that contains such a proposal remain particularly uncertain in the House, where many prominent Democrats want to ensure broad bipartisan backing as part of their efforts to maintain their majority in 2008, Congressional aides said.

    The House Democrats are concerned about protecting newly elected moderate and conservative Democrats, some of whom had campaigned against legalizing illegal immigrants.

    It is also unclear whether Mr. Gutierrez and Mr. Flake will produce the only House legislation on immigration and whether their plan will ultimately become the basis for the bill that emerges.

    In the Senate, Mr. Kennedy�s bill certainly has the backing of the Democratic leadership, Congressional aides said.

    Senator John Cornyn, Republican of Texas, argued that expanding citizenship eligibility and abandoning financing for the fence would alienate moderates in both parties. The three-tier legalization system, a hard-fought compromise, was critical for moderate Republican support for the original bill.

    The plan under consideration would allow 10 million or 11 million illegal immigrants to become eligible to apply for citizenship without returning home, up from 7 million in the original Senate bill. To be granted citizenship, they would have to remain employed, pass background checks, pay fines and back taxes, and enroll in English classes.

    �I think it�s a nonstarter,� said Mr. Cornyn, who opposes a path to citizenship for illegal workers, but supports a plan for temporary workers that would let foreigners work here temporarily before returning home.

    Congressional aides and lawyers familiar with the proposed bills emphasize that it will be very difficult for a smaller group of illegal immigrants, those who arrived after a certain date, perhaps 2004, to become citizens. The aides said the bill might include incentives for illegal immigrants to leave the country. While they hope such elements may ease concerns, many challenges remain.

    Some powerful unions, which expect to exert more leverage in the new Congress, remain deeply opposed to the temporary worker program in the Senate bill. The unions say it threatens American jobs.

    Officials at the A.F.L.-C.I.O. say they can scuttle such a plan next year, even though Mr. Bush and businesses say it is critical to ensure an adequate labor force.

    There is also the political clock to consider. Supporters of immigration measures acknowledge that the prospects for a bipartisan bill will dim significantly if a bill is not passed before the presidential primaries of 2008 are in full swing.

    Some Congressional aides and immigrants� advocates worry about the commitment of Mr. McCain, a likely presidential candidate in 2008.

    Mr. McCain has long supported legalization that would not require illegal immigrants to leave the United States. Some advocates fear that his ambitions may lead to a shifting of that stance to avoid alienating moderate Republicans.

    A spokeswoman for Mr. McCain said last week that he was not available to comment on the bill being drafted.

    Many lawmakers say their hope is growing that Congress will pass an immigration bill next year.

    �There are going to be hard choices that are going to be made, because we need to build a bipartisan, broad-based coalition,� said Mr. Gutierrez, who leads the House Democratic immigration group. �But I�m hopeful that in the environment in which we�re working now we can get it done.�



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