unitednations
03-24 11:39 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
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hiralal
06-21 07:06 PM
Unseen guy ..Thanks for the reply.
In that case it is another reason to stay away from immovable assets ..I guess if we are ever in such a situation and try to plead with them (USCIS), then they will just say ..well you should have known that you are on "TEMPORARY STATUS" before you bought a house.
(just as they said, H4 people should have known what they are getting in to ....when told qualified H4 people cannot work) !!!
In that case it is another reason to stay away from immovable assets ..I guess if we are ever in such a situation and try to plead with them (USCIS), then they will just say ..well you should have known that you are on "TEMPORARY STATUS" before you bought a house.
(just as they said, H4 people should have known what they are getting in to ....when told qualified H4 people cannot work) !!!
santb1975
09-29 11:17 AM
I am really frustrated being in this limbo after spending more than 10 years of my life here. This great land has given a lot to me and I really want to be part of this great nation and contribute to this land all my life. However, with my status still being temporary after 10 years it does not seem logical to make long term plans or make any investments in here.
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
2011 Mommy amp; Me amp; Her Mammies
Macaca
03-13 08:29 PM
Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."
The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.
Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.
more...
NKR
08-06 08:55 AM
Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.
%2525255B1%2525255D.jpg "Salma Hayek; Salma Hayek")
Macaca
05-01 05:43 PM
China’s Political Reformers Strike Back (http://blogs.cfr.org/asia/2011/04/29/china%E2%80%99s-political-reformers-strike-back/) By Elizabeth C. Economy | Council on Foreign Relations
Over the past year, the world has watched with growing dismay as China’s leaders have orchestrated a relentless attack on political and cultural openness in their country. Ai Weiwei. Liu Xiaobo. Teng Biao. Gao Zhisheng. Zuo Xiao Zu Zhou. China has rounded up its artists, writers, lawyers and musicians, releasing some, and then arresting more. The result? The country wounds itself deeply by depriving itself of some of its greatest thinkers, most creative forces, and most determined seekers of justice.
Premier Wen Jiabao, who has begun to sound like a broken record, clearly recognizes this. He once again gently stepped into the fray, stating at a meeting in mid-April, “We must create conditions for people to speak the truth.” Yet this time he has some back-up—and from a rather surprising place: the Chinese Communist Party’s official newspaper, People’s Daily.
A few days ago, People’s Daily ran an editorial with a number of striking statements, including:
“Only in the midst of competition will the value of ideas be shown, and only through practice can they be tested…”
“…it is inevitable that various values and ideas, traditional and modern, foreign and homegrown, will collide and clash.”
“Because we serve the people, if we have faults, we do not fear the people criticizing them and pointing them out…”
“I disapprove of what you say, but I will defend to the death your right to say it.” (quoting Voltaire)
“Seven mouths and eight tongues are not frightening, but most frightening is when not a crow or sparrow can be heard.” (quoting Deng Xiaoping)
What is behind this fresh salvo from the reform flank? Chinese media professionals—particularly ones who have retired—have often been at the forefront of calling for greater political openness. We’ll have to wait to see whether any other media support the People’s Daily or whether the bold editorial staff is simply sacked.
The Chinese frequently, and correctly, remind us that the path of political reform will be decided by the Chinese themselves. The People’s Daily editorial, however, reminds us that the real question is: which Chinese?
Where China Outpaces America (http://www.nytimes.com/2011/05/01/opinion/01kristof.html) By NICHOLAS D. KRISTOF | New York Times
Over the past year, the world has watched with growing dismay as China’s leaders have orchestrated a relentless attack on political and cultural openness in their country. Ai Weiwei. Liu Xiaobo. Teng Biao. Gao Zhisheng. Zuo Xiao Zu Zhou. China has rounded up its artists, writers, lawyers and musicians, releasing some, and then arresting more. The result? The country wounds itself deeply by depriving itself of some of its greatest thinkers, most creative forces, and most determined seekers of justice.
Premier Wen Jiabao, who has begun to sound like a broken record, clearly recognizes this. He once again gently stepped into the fray, stating at a meeting in mid-April, “We must create conditions for people to speak the truth.” Yet this time he has some back-up—and from a rather surprising place: the Chinese Communist Party’s official newspaper, People’s Daily.
A few days ago, People’s Daily ran an editorial with a number of striking statements, including:
“Only in the midst of competition will the value of ideas be shown, and only through practice can they be tested…”
“…it is inevitable that various values and ideas, traditional and modern, foreign and homegrown, will collide and clash.”
“Because we serve the people, if we have faults, we do not fear the people criticizing them and pointing them out…”
“I disapprove of what you say, but I will defend to the death your right to say it.” (quoting Voltaire)
“Seven mouths and eight tongues are not frightening, but most frightening is when not a crow or sparrow can be heard.” (quoting Deng Xiaoping)
What is behind this fresh salvo from the reform flank? Chinese media professionals—particularly ones who have retired—have often been at the forefront of calling for greater political openness. We’ll have to wait to see whether any other media support the People’s Daily or whether the bold editorial staff is simply sacked.
The Chinese frequently, and correctly, remind us that the path of political reform will be decided by the Chinese themselves. The People’s Daily editorial, however, reminds us that the real question is: which Chinese?
Where China Outpaces America (http://www.nytimes.com/2011/05/01/opinion/01kristof.html) By NICHOLAS D. KRISTOF | New York Times
more...
Macaca
03-06 09:02 PM
Foriegn Labor Certification (http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf) International Talent Helping meet Employer Demand | Performance Report: Mar 28 2005 - Sep 30 2006, Office of Foriegn Labor Certification, Employment and Training Administration, US Department of Labor
Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf), CRS Report for Congress, Updated January 23, 2007
H- 1B PROFESSIONALS AND WAGES: SETTING THE RECORD STRAIGHT (http://www.nfap.net/researchactivities/articles/NFAPPolicyBriefH1BProfessionalsAndWages0306.pdf), NATIONAL FOUNDATION FOR AMERICAN POLICY, March 2006
The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
From Brain Drain to Brain Circulation (http://people.ischool.berkeley.edu/~anno/Papers/scid-2005.pdf)Transnational Communities and Regional Upgrading in India and China By AnnaLee Saxenian
Brain Circulation: How High-Skill Immigration Makes Everyone Better Off (http://people.ischool.berkeley.edu/~anno/Papers/brain-circulation-brookings-review-2002.pdf) By AnnaLee Saxenian | THE BROOKINGS REVIEW
Winter 2002 Vol.20 No.1
The International Mobility of Entrepreneurs and Regional Upgrading in India and China (http://people.ischool.berkeley.edu/~anno/Papers/International_Mobility_of_Entrepreneurs.pdf) By AnnaLee Saxenian, September 7, 2007
Education, Entrepreneurship and Immigration (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_II.pdf): America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
America’s New Immigrant Entrepreneurs (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf) Part I
The new Argonauts (http://people.ischool.berkeley.edu/~anno/Papers/IMF_World_Bank_paper.pdf)
Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (http://www.dhs.gov/xoig/assets/katovrsght/OIG_06-22_Jan06.pdf), DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006
Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf), CRS Report for Congress, Updated January 23, 2007
H- 1B PROFESSIONALS AND WAGES: SETTING THE RECORD STRAIGHT (http://www.nfap.net/researchactivities/articles/NFAPPolicyBriefH1BProfessionalsAndWages0306.pdf), NATIONAL FOUNDATION FOR AMERICAN POLICY, March 2006
The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
From Brain Drain to Brain Circulation (http://people.ischool.berkeley.edu/~anno/Papers/scid-2005.pdf)Transnational Communities and Regional Upgrading in India and China By AnnaLee Saxenian
Brain Circulation: How High-Skill Immigration Makes Everyone Better Off (http://people.ischool.berkeley.edu/~anno/Papers/brain-circulation-brookings-review-2002.pdf) By AnnaLee Saxenian | THE BROOKINGS REVIEW
Winter 2002 Vol.20 No.1
The International Mobility of Entrepreneurs and Regional Upgrading in India and China (http://people.ischool.berkeley.edu/~anno/Papers/International_Mobility_of_Entrepreneurs.pdf) By AnnaLee Saxenian, September 7, 2007
Education, Entrepreneurship and Immigration (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_II.pdf): America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
America’s New Immigrant Entrepreneurs (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf) Part I
The new Argonauts (http://people.ischool.berkeley.edu/~anno/Papers/IMF_World_Bank_paper.pdf)
Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (http://www.dhs.gov/xoig/assets/katovrsght/OIG_06-22_Jan06.pdf), DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006
2010 On the other hand,
rbalaji5
07-13 10:38 PM
Disclaimer: I am an EB3-Indian with a PD of Oct 2003.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"
I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.
To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
Great one -
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"
I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.
To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
Great one -
Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.
more...
unitednations
03-24 07:28 PM
UN,
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
I don't think your view of Indian monopoly in IT is correct. It is a natural flow of human resources from countries which had plenty of it to USA which needed it.
The reason for Indians/Chinese taking up majority of H1B visas is that there are lot of educated candidates to pick from highly populous countries like India and China.
US never gave any preference to Indians or Chinese in H1B visas. The fact is India and China produced lot of graduates who were capable of doing IT work. If you look at it, IT job is not a hard thing to master for any Indian. So US had the necessity for skilled people, India and China had the supply of these people, naturally staffing companies came up to bank on this opportunity. It was a natural evolution, there is no bias towards Indians/Chinese. If you take any small country in the region, they didn't have enough qualified people so staffing companies didn't flourish in those countries.
This is one of those things that people are going to agree to disagree.
btw; my experience with the Chinese is that many of them came here initially on student visa and decided to stay. I don't know many that came directly here on h-1b. They haven't developed the network of staffing companies (main reason I believe is the english issue wheres people from India generally don't have this).
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unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
more...
xyzgc
01-01 01:30 PM
I agree partly with what Alisa is saying ..war is definitely not the answer ..hopefully as years pass by (my feeling is atleast 50 years) ...more and more pakistanis will realise that the key to better life is to lead a modern life and become a modern country like malaysia(which has its own faults though).
on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?
Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?
Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.
on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action
And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?
Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?
Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.
hot salma hayek short hair
spbpsg
03-24 12:54 PM
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.
I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.
I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.
I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.
more...
house Salma Hayek Salma Hayek Poster
spicy_guy
07-29 04:20 PM
I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.
Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.
Because thats what Americans want to fix first.
Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.
Because thats what Americans want to fix first.
tattoo Salma Hayek; Salma Hayek
Macaca
12-30 04:19 PM
But today, as the year ends, the netroots activists who adored Reid at the start of the new Congress have begun turning on him, musing out loud about encouraging senators to oust him as leader. They complained that Reid's Senate caved - allowing continued tax breaks for oil companies, approving a new attorney general who wouldn't call waterboarding torture, breaking the pay-as-you go promise by approving a tax break without a tax hike on the rich.
Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."
"The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.
Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.
"It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."
Trying to end a war
Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.
Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.
The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.
The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.
Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."
By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.
Vote after vote only hardened Republicans' resolve.
Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.
"If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."
Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.
The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.
Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."
Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.
"The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."
By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.
"Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."
Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.
But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.
Endgame
The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."
The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.
Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.
Congress worked more days than in any session in years.
But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.
Even passing the budget to keep the government running seemed dicey.
"It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.
In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?
Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.
Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.
Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."
By the office fireplace again
People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.
The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.
Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.
"I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."
Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.
But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.
He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.
"I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."
He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."
In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."
And one day, when this job is done, "I wouldn't mind being manager of a baseball team."
Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."
"The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.
Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.
"It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."
Trying to end a war
Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.
Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.
The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.
The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.
Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."
By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.
Vote after vote only hardened Republicans' resolve.
Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.
"If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."
Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.
The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.
Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."
Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.
"The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."
By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.
"Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."
Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.
But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.
Endgame
The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."
The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.
Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.
Congress worked more days than in any session in years.
But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.
Even passing the budget to keep the government running seemed dicey.
"It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.
In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?
Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.
Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.
Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."
By the office fireplace again
People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.
The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.
Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.
"I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."
Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.
But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.
He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.
"I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."
He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."
In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."
And one day, when this job is done, "I wouldn't mind being manager of a baseball team."
more...
pictures house Salma Hayek Biography
.jpg "38hayek(salma).jpg")
logiclife
11-21 05:44 PM
Lou Dobbs gets his ratings based on how much angry he can get people.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
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styrum
08-11 12:02 PM
great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.
do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
more...
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HawaldarNaik
12-29 12:19 AM
Well comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.
However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely
So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....
What is the strategy for India
In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......
However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely
So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....
What is the strategy for India
In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......
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Macaca
05-09 05:50 PM
�Big Stick 306� and China�s Contempt for the Law (http://www.nytimes.com/2011/05/06/opinion/06fri3.html) New York Times Editorial
China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.
Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�
Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.
They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.
Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�
If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.
Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post
China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.
Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�
Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.
They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.
Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�
If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.
Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post
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gsc999
04-07 03:35 PM
The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.
nk2006
10-07 11:40 AM
Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
http://www.ipsnews.net/news.asp?idnews=44144
http://www.ipsnews.net/news.asp?idnews=44144
unseenguy
06-20 03:38 AM
Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.
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