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  • Macaca
    12-27 06:50 PM
    A crucial connection (http://timesofindia.indiatimes.com/home/opinion/edit-page/A-crucial-connection/articleshow/7173785.cms) By Michael Kugelman | Times of India

    With India's soaring growth and rising global clout hogging media headlines, it is easy to forget the nation is beset by security challenges. Naxalite insurgency rages across more than two-thirds of India's states, while long-simmering tensions in J&K exploded once again this summer. Meanwhile, two years post-Mumbai, Pakistan remains unwilling or unable to dismantle the anti-India militant groups on its soil. Finally, China's military rise continues unabated. As Beijing increases its activities across the Himalayan and Indian Ocean regions, fears about Chinese encirclement are rife.

    It is even easier to forget that these challenges are intertwined with natural resource issues. Policy makers in New Delhi often fail to make this connection, at their own peril. Twenty-five per cent of Indians lack access to clean drinking water; about 40 per cent have no electricity. These constraints intensify security problems.

    India's immense energy needs - household and commercial - have deepened its dependence on coal, its most heavily consumed energy source. But India's main coal reserves are located in Naxalite bastions. With energy security at stake, New Delhi has a powerful incentive to flush out insurgents. It has done so with heavy-handed shows of force that often trigger civilian casualties. Additionally, intensive coal mining has displaced locals and created toxic living conditions for those who remain. All these outcomes boost support for the insurgency.

    Meanwhile, the fruits of this heavy resource extraction elude local communities, fuelling grievances that Naxalites exploit. A similar dynamic plays out in J&K, where electricity-deficient residents decry the paltry proportion of power they receive from central government-owned hydroelectric companies. In both cases, resource inequities are a spark for violent anti-government fervour.

    Resource constraints also inflame India's tensions with Pakistan and China. As economic growth and energy demand have accelerated, India has increased its construction of hydropower projects on the western rivers of the Indus Basin - waters that, while allocated to Pakistan by the Indus Waters Treaty, may be harnessed by India for run-of-the-river hydro facilities. Pakistani militants, however, do not make such distinctions. Lashkar-e-Taiba repeatedly lashes out at India's alleged "water theft". Lashkar, capitalising on Pakistan's acute water crisis (it has Asia's lowest per capita water availability), may well use water as a pretext for future attacks on India.

    Oil and natural gas are resource catalysts for conflict with China. Due to insufficient energy supplies at home, India is launching aggressive efforts to secure hydrocarbons abroad. This race brings New Delhi into fierce competition with Beijing, whose growing presence in the Indian Ocean region is driven in large part by its own search for natural resources.

    India's inability to prevent Chinese energy deals with Myanmar (and its worries about similar future arrangements in Sri Lanka) feeds fears about Chinese encirclement, but also emboldens India to take its energy hunt further afield. Strategists now cite the protection of faraway future energy holdings as a core motivation for naval modernisation plans; India's energy investments already extend from the Middle East and Africa to Latin America. Such reach exposes India to new vulnerabilities, underscoring the imperative of enhanced sea-based energy transit protection capabilities.

    While sea-related China-India tensions revolve around energy, land-based discord is tied to water. South Asia holds less than 5 per cent of annual global renewable water resources, but China-India border tensions centre around the region's rare water-rich areas, particularly Arunachal Pradesh. Additionally, Chinese dam-building on Tibetan Plateau rivers - including the mighty Brahmaputra - alarms lower-riparian India. With many Chinese agricultural areas water-scarce, and India supporting nearly 20 per cent of the world's population with only 4 per cent of its water, neither nation takes such disputes lightly.

    India's resource constraints, impelled by population growth and climate change, will likely worsen in the years ahead. Recent estimates envision water deficits of 50 per cent by 2030 and outright scarcity by 2050, if not earlier. Meanwhile, India is expected to become the world's third-largest energy consumer by 2030, when the country could import 50 per cent of its natural gas and a staggering 90 per cent of its oil. If such projections prove accurate, the impact on national security could be devastating.

    So what can be done? First, New Delhi must integrate natural resource considerations into security policy and planning. India's navy, with its goal of developing a blue-water force to safeguard energy resources overseas, has planted an initial seed. Yet much more must be done, and progress can be made only when policy makers better understand the destabilising effects of resource constraints. Second, India should acknowledge its poor resource governance, and craft demand-side, conservation-based policies that better manage precious - but not scarce - resources. This means improved maintenance of water infrastructure (40 per cent of water in most Indian cities is lost to pipeline leaks), more equitable resource allocations, and stronger incentives for implementing water- and energy-efficient technologies (like drip irrigation) and policies (like rainwater harvesting).

    Such steps will not make India's security challenges disappear, but they will make the security situation less perilous. And they will move the country closer to the day when resource efficiency and equity join military modernisation and counterinsurgency as India's security watchwords.

    The writer is programme asso-ciate for South Asia at the Woodrow Wilson International Centre for Scholars in Washington, DC


    What They Said: Rooting for Binayak Sen (http://blogs.wsj.com/indiarealtime/2010/12/27/what-they-said-press-activists-root-for-binayak-sen/) By Krishna Pokharel | IndiaRealTime
    Indian government criticised for human rights activist's life sentence (http://www.guardian.co.uk/world/2010/dec/26/amnesty-criticises-sen-life-sentence) By Jason Burke | The Guardian





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  • irock
    07-14 02:17 PM
    couldn't say it better.

    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...





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  • Macaca
    01-28 09:01 AM
    Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.

    He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.





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  • Macaca
    05-16 07:45 PM
    Some paras from Latino Groups Play Key Role on Hill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html) -- Virtual Veto Power in Immigration Debate By Krissah Williams and Jonathan Weisman (http://projects.washingtonpost.com/staff/email/krissah+williams+and+jonathan+weisman/), Washington Post Staff Writers, Wednesday, May 16, 2007

    After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.

    "There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."

    Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.

    Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.

    Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.

    LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.

    The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.

    The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.

    "At least they are paying attention to us," said MALDEF President John Trasvi�a.

    The groups have also made it clear to Republicans that they are willing to press hard this year.

    "Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.


    Membership + Funding + Lobbying + Patience = Chance of Success
    Anything else = Absolute failure


    Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.



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  • pitha
    02-21 11:33 AM
    This is so ridiculous. Lou Dobbs is self-righteous self serving idiot that�s was well known but why is CNN pimping him. Don�t they realize as Lou Dobbs is becoming a laughing stock so is CNN by pimping him. I was trying to write some comments on this joke written by Lou Dobbs but CNN does not provide a means to write your comments.





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  • burnt
    04-01 02:24 PM
    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers

    Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.



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  • Macaca
    02-25 05:40 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Do a google search on Lou Dobbs H1B taxes. See how much crap comes out.

    There are some immigration article blogs that refer to statements made by Lou Dobbs. I want to respond with accurate references.





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  • acecupid
    08-05 12:09 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.



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  • ghost
    07-09 08:56 PM
    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.



    Could not resist from posting this:

    http://www.youtube.com/watch?v=jqWPS1NYyVw&search=jon%20stewart%20on%20immigration

    One more example of Lou's extreme ideology.





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  • senthil1
    09-26 09:29 AM
    But still I watched that Obama was favoring increasing GC and H1b. Just he is opposite to outsourcing that too he may cut some tax benefits for the companies which are outsourcing. That will not have much impact on outsourcing.Basically two candidates are favoring high skilled immigrants. But everything is on the hands of congress.
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us



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  • Macaca
    05-13 05:42 PM
    What if you had to buy American? (http://money.msn.com/how-to-budget/what-if-you-had-to-buy-american.aspx) By Katherine Reynolds Lewis | MSN Money

    Legions of patriotic Americans look for "made in USA" stickers before buying products, out of a desire to support the country's economy.

    But what if we all were restricted to purchasing only those goods that were made in America?

    Our homes would be stripped virtually bare of telephones, televisions, toasters and other electronics, and many of our favorite foods and toys would be gone, too. Say goodbye to your coffee or tea, and forget about slicing bananas into your breakfast cereal -- all three would become prohibitively expensive if we relied on only Hawaii to grow tropical crops.

    We'd have to trash our beloved Apple products because the iPod, iPad and MacBook aren't made in the U.S. Gasoline would double or triple in price, given that we now import more than 60% of our oil. And you couldn't propose to your true love with a diamond ring: There are no working diamond mines in the U.S.

    Moreover, a complete end to imports would actually hurt the U.S. economy, because consumers and domestic companies would lose access to cheap goods. Trade protections, whether through tariffs or quotas, cost the economy roughly $2 for every $1 in additional profit for domestic producers, said Mark Perry, an economics professor at the University of Michigan-Flint and a visiting scholar at the American Enterprise Institute, a conservative think tank.

    "If we restricted trade to just the 50 states, what would happen immediately -- and would increase over time -- would be a huge reduction in our standard of living, because we wouldn't have access to the cheap goods we get from other countries," Perry said. "We also wouldn't have any export markets, so companies like Caterpillar and Microsoft would have a huge reduction in sales and workforce."

    So what do we make of heartfelt pleas to save U.S. manufacturing by buying American, or the many websites (see one here) that catalog U.S. sources for an array of products? Or the Buy American Act, which curbs government purchases of products that are made overseas?

    Do such efforts actually hurt the country they're trying to help?

    The argument for buying American

    Marc Kruskol, 53, a publicist based in Palmdale, Calif., goes out of his way to purchase products that are made in the U.S. because of his concern over the decline in manufacturing employment.

    "I truly believe that we could go a long way towards fixing the economy if we would just put people to work making things in this country that are made in other places," said Kruskol, who spends hours scouring made-in-America websites or visiting brick-and-mortar stores in search of U.S. products.

    He recently spent $10 on a pair of salad tongs made in America, which he tracked down in a restaurant supply store, after rejecting 99-cent foreign-made tongs. And he was happy to spend $650 on a domestically produced barbecue grill rather than a $450 imported one, just to support his countrymen.

    But financial experts say that it's best for America if you buy the cheapest product you can find without sacrificing quality. Their explanation rests on the concept of efficient manufacturing. An efficient producer creates the most valuable goods with the least possible expense, selling those items at lower prices than competitors who are less efficient. A country benefits when its manufacturers become more efficient.

    When you spend more on an equivalent product simply because it's made in the U.S., you're wasting your money -- and supporting an inefficient manufacturer that, by rights, should become more efficient or go out of business. Moreover, the additional $9.01 or $200 that Kruskol had spent on an inefficient U.S. producer could have been spent on something else, helping the economy further. Or it could have stayed in his savings account and been funneled by his bank into the financial system, which in theory allocates capital to the most efficient producers.

    "He gave effectively $9 to an inefficient producer to motivate them to keep producing inefficiently," said Ken Fisher, the founder and CEO of Fisher Investments in Woodside, Calif., and the author of "Debunkery." "I understand the well-intentioned view. Doing that would be terrible for America."

    The most efficient producers are best-positioned to create more jobs and return profits to their investors, and to the government in the form of tax revenue. "We make the country better by allocating resources towards the ones that can use them best," Fisher said.

    The complex manufacturing question

    At the heart of the issue are the interconnected global economy and the changes in the manufacturing sector.

    There's no question that U.S. manufacturers employ far fewer people now -- about 11.7 million in April -- than when the sector peaked at 19.6 million workers in 1979. But the decline in jobs is largely due to technological advances that have reduced the number of workers needed to run factories, Perry and Fisher pointed out. The average worker today is responsible for $180,000 of manufacturing output, triple the inflation-adjusted $60,000 of 1972, Perry said.

    Despite that increase in productivity, a March report by IHS Global Insight put China's manufacturing output ahead of the U.S. for the first time ever, at $2 trillion in 2010, compared with $1.95 trillion for the U.S. That's up from $1.69 trillion for China and $1.733 trillion for the U.S. in 2009, based on U.S. and Chinese government data.

    But Perry argued that exchange-rate fluctuations and differences in data sources caused the IHS Global report to skew the comparison between the U.S. and China. Based on U.N. data for 2009, the most recent available, the United States' manufacturing output was 14% ahead of China's, he said.

    Moreover, as manufacturing has declined as a share of the U.S. economy while the service sector has grown, most of the world has followed the same trend. The proportion has held steady in China.

    "We've left the Machine Age, and we're in a new Information Age. It makes sense that manufacturing would be less important," Perry said, noting that as other countries have taken over clothing and other low-end manufacturing, the U.S. has become more competitive in producing pharmaceuticals, software, aerospace technology, industrial machinery and medical equipment. "We're still world leaders and at the cutting edge of those higher-skilled, higher-valued-added areas."

    Not convinced yet? The other conundrum in trying to buy only U.S.-made products lies in what that really means.

    Do you accept products that are assembled in America but contain components from all over the globe? For example, U.S. companies in February imported $58 billion worth of industrial supplies, such as petroleum and plastics, and $40 billion in capital goods, from computers to engines and laboratory equipment.

    What about products that are assembled in China yet include parts from U.S. suppliers and were designed by American engineers? Every time you purchase such an item, the money will flow back to those American engineers and suppliers.

    Cars.com's American-Made Index illustrates U.S. industries' complex trade relationships. The website ranks vehicles built and purchased in the U.S. based on sales, the origin of the cars' parts and whether assembly was in the U.S. The top two cars -- Toyota Camry and Honda Accord -- are produced by Japanese companies through their U.S. subsidiaries.

    "On the surface, it seems like it might be plausible to have these 'made in the USA' campaigns," Perry said. "It all gets real tricky in a global economy with parts."

    When buying American helps

    That's not to say you should ignore the origins of the goods you buy.

    When comparing two products of equivalent price and quality, feel free to choose the U.S.-made one out of domestic pride. It may make sense to buy a U.S.-made product if the quality or safety is superior.

    Alex Kaplan, 41, the owner of Celebrity Laser Spa in Los Angeles, recently bought a pair of ottomans online for $120, only to find them cracked and cheaply made. After returning the made-in-China set, he found a craftsman through Etsy who made similar ottomans for $160 but allowed customers to choose the fabrics.

    "It's much more satisfying," said Kaplan, whose blog chronicles his attempts to find products made in the U.S. "The most important thing when it comes to buying American is being aware and asking yourself, 'Where is this made?'"


    Is College a Rotten Investment?
    Why student loans are not like subprime mortgages. (http://www.slate.com/id/2293766/)
    By Annie Lowrey | Slate





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  • needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)



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  • nk2006
    09-29 05:10 PM
    Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.

    I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.

    The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.





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  • pitha
    04-07 01:56 PM
    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.


    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.



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  • nogc_noproblem
    08-25 04:43 PM
    What men say and what they actually mean . . .

    � "I'M GOING FISHING" Means: "I'm going to drink myself dangerously stupid, and stand by a stream with a stick in my hand, while the fish swim by in complete safety."
    � "YES, DEAR..." Means: Absolutely nothing. It's a conditioned response.
    � "IT WOULD TAKE TOO LONG TO EXPLAIN" Means: "I have no idea how it works."
    � "TAKE A BREAK HONEY, YOU'RE WORKING TOO HARD". Means: "I can't hear the game over the vacuum cleaner."
    � "THAT'S INTERESTING, DEAR." Means: "Are you still talking?"
    � "I WAS JUST THINKING ABOUT YOU, AND GOT YOU THESE ROSES". Means: "The girl selling them on the corner was a real babe."
    � "WHAT DID I DO THIS TIME?" Means: "What did you catch me at?"
    � "I HEARD YOU." Means: "I haven't the foggiest clue what you just said, and am hoping desperately that I can fake it well enough so that you don't spend the next 3 days yelling at me."
    � "YOU KNOW I COULD NEVER LOVE ANYONE ELSE." Means: "I am used to the way you yell at me, and realize it could be worse."
    � "YOU LOOK TERRIFIC." Means: "Please don't try on one more outfit, I'm starving."
    � "WE SHARE THE HOUSEWORK." Means: "I make the messes, she cleans them up."





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

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

    I am giving you green.

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



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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.





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  • Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial





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  • ssa
    07-14 08:00 PM
    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?





    deba
    08-31 02:48 PM
    This is hilarious........

    http://odeo.com/episodes/7076453

    Vactorboy29, thanks..this is funny as hell. However, I do agree with boreal that it seems a little made up. Nevertheless, just hilarious. I have forwarded this to all my friends. Hope they get a kick out of this one.





    Macaca
    12-30 05:35 PM
    India Digs In Its Heels as China Flexes Its Muscles (http://www.nytimes.com/2010/12/30/world/asia/30india.html) By JIM YARDLEY | New York Times

    It has been the season of geopolitical hugs in India � with one noticeable exception. One after the other, the leaders of the five permanent members of the United Nations Security Council have descended on India, accompanied by delegations of business leaders, seeking closer ties with this rising South Asian giant. The Indian media, basking in the high-level attention, have nicknamed them the �P-5.�

    Prime Minister David Cameron of Britain got a warm reception last summer. Then President Obama wowed a skeptical Indian establishment during his November visit. President Nicolas Sarkozy of France signed nuclear deals in early December, while President Dmitri A. Medvedev of Russia departed last week with a fistful of defense contracts after winning praise for Moscow as a �special partner.�

    The exception to the cheery mood was the mid-December visit of Prime Minister Wen Jiabao of China. Mr. Wen did secure business deals, announce new trade goals and offer reassurances of friendly Chinese intentions. But the trip also underscored that many points of tension between the Asian giants � trade imbalances, their disputed border and the status of Kashmir � are growing worse. And the Indian foreign policy establishment, once reluctant to challenge China, is taking a harder line.

    �The Wen visit has widened the gap publicly between India and China,� said Ranjit Gupta, a retired Indian diplomat and one of many vocal analysts pushing a more hawkish line toward China. �And it represents for the first time a greater realism in the Indian establishment�s approach to China.�

    India aspires to membership on the United Nations Security Council, and China is now the only permanent member nation that has not explicitly endorsed such a move. But what has rattled Indian leaders even more is their contention that China is being deliberately provocative in Kashmir as it grows closer to Pakistan, China�s longtime ally and India�s nemesis. China has also been expanding its diplomatic and economic influence around South Asia, stepping up its involvement in the affairs of Sri Lanka, Nepal and the Maldives.

    Mr. Wen�s visit was supposed to help address those tensions at a time when India is starting to draw closer to the United States. Among Chinese leaders, Mr. Wen is perceived as a friend of India, and his 2005 visit was regarded as a breakthrough after he and Prime Minister Manmohan Singh agreed on a broad framework to address the border dispute.

    For decades since fighting a brief border war, the two countries had argued over the boundary lines, with China making claims to Arunachal Pradesh, an eastern Indian state, and India claiming portions of Tibet that abut Indian-controlled Kashmir. The 2005 deal fostered optimism that some sort of quid pro quo compromise could be reached, enabling the two countries to concentrate on trade. And trade took off: it has risen tenfold to almost $60 billion, with Mr. Wen setting a new goal of $100 billion.

    But Indian leaders now complain that trade is far too lopsided in China�s favor and say that Indian corporations face too many obstacles in entering the Chinese market. Mr. Wen promised to help Indian corporations sell their products in China, but Indian officials are skeptical.

    Meanwhile, China infuriated India by starting to issue special stapled paper visas � rather than the standard visa � for anyone in Indian-controlled Kashmir traveling to China on the grounds that Kashmir is a disputed territory. China later objected to including a top Indian general responsible for Kashmir in a military exchange in China. In response, Indian officials angrily suspended all military exchanges between the countries. Indian officials had thought Mr. Wen might reverse the stapled visas policy on his trip, but he instead only called for more diplomatic consultations.

    Indian commentators have noticed that articles in the Chinese state-run media have renewed Chinese claims that the disputed border between the nations is roughly 1,240 miles in length � even as India puts the length at about 2,175 miles. The difference roughly represents the border between Indian-controlled Kashmir and Tibetan China. By omitting this section, the Chinese are questioning the status of Indian-controlled Kashmir, a position that buttresses Pakistan�s own claims, several Indian analysts have argued.

    The most visible evidence that these problems were deepening came in the joint communiqu� issued by the two nations at the end of Mr. Wen�s visit. China typically demands that nations voice support for the one-China policy, which holds that Taiwan is an inalienable part of China. In past communiqu�s, India has agreed to such language, but this time it was omitted, a clear sign of Indian irritation.

    �It has been in every communiqu�, but the Chinese didn�t even bring it up,� said a senior Indian official, speaking on the condition of anonymity. �I think they knew if they had brought it up, they knew we would have demanded some movement on the stapled visa issue and the Kashmir issue.�

    The senior official added: �They must understand that there is a prospect of the relationship really going south. They will have to somehow moderate their stand on Kashmir. And they will have to take concrete steps to address the trade imbalance.�

    India and China still cooperate on climate change and international trade policy, and some Indian diplomats grumble that the positive aspects of the relationship are too often overlooked by aggressive media organizations and an emboldened group of strategic analysts pushing for a harder line. China�s state-run media outlets recently broadcast images of a new tunnel being completed through the Himalayas near the Indian border. These reports looked to some like boasting about the country�s engineering prowess. In India, they were presented as a warning that China was building its infrastructure ever closer to India.

    At the same time, India is watching warily as China pursues hydro projects that could affect the downstream flow of the Brahmaputra River in India.

    Some Indian analysts note that tensions with China have increased in lockstep with the warming trend between India and the United States. During his visit, Mr. Obama spoke of a �defining partnership� between India and the United States and encouraged India to play a bigger role not only in South Asia but also in East Asia, China�s backyard. Mr. Singh, in fact, had just finished a trip to Japan, Malaysia and Vietnam as part of India�s �Look East� policy to build trade and diplomatic ties in the region.

    �Our challenge will be to build our own leverage,� the senior Indian official said.

    �That is why the relationships with the United States, with Japan, with other Southeast Asian parties, all that will become even more important.�



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