Thursday, June 30, 2011

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  • pappu
    08-21 10:49 AM
    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant

    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.





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  • go_guy123
    04-23 09:34 PM
    I see indian comnies will apply for more B1/ B2 visas overseas.

    B1/B2 is always prone to reject by 221(b). Wont impact that much.





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  • ItIsNotFunny
    11-12 12:14 PM
    got a reply from ombudsman....iam sure others got this too...

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).



    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.



    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.



    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.



    Thank you for your cooperation.


    This is good. Seems like now they are aware of the issue. Cheers guys for step 1.





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  • priderock
    06-29 04:44 PM
    So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((



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  • Macaca
    12-05 05:23 PM
    JUAN GONZALEZ: No, exactly. And I have a different perspective on that�

    LOU DOBBS: Sure.

    JUAN GONZALEZ: So you�ll indulge me.

    LOU DOBBS: Sure.

    JUAN GONZALEZ: But the fact is that immigration policy in this country has always been a means of rallying anger among the public.

    LOU DOBBS: Oh, nonsense.

    JUAN GONZALEZ: Yes, it has.

    LOU DOBBS: Nonsense.

    JUAN GONZALEZ: Lou, let me finish.

    LOU DOBBS: First of all�

    JUAN GONZALEZ: Let me finish, Lou, please.

    LOU DOBBS: Ridiculous. But, alright, go ahead.

    JUAN GONZALEZ: The Chinese�in 1882, the Chinese Exclusion Act�what was the claim against the Chinese, small population of Chinese immigrants? The claim was that they were involved in drugs, that they were bringing crime, that they were a danger to the country, and the country passed in 1882 a Chinese Exclusion Act. The same thing in the 1920s.

    LOU DOBBS: Are you holding me responsible? Or are�

    JUAN GONZALEZ: No, no.

    LOU DOBBS: Because I can�t find germane or relevant point there.

    JUAN GONZALEZ: What I�m telling you is that this has been done over and over again. This has been done over and over again. And precisely�

    LOU DOBBS: Juan, according to you�

    JUAN GONZALEZ: Let me finish, Lou. Precisely because�because the country is an immigrant nation, it�s easy to divide the people along ethnic and racial lines over the issue of immigration.

    LOU DOBBS: You�re the only one doing it.

    JUAN GONZALEZ: Over the issue of immigration.

    LOU DOBBS: You�re the only one doing it.

    JUAN GONZALEZ: No, I�m not. No, I�m not.

    LOU DOBBS: You�re socio-ethnocentric to the point of absurdity.

    JUAN GONZALEZ: You know very well that 75% of the undocumented immigrant population in this country comes from Latin America. And not only that, 65% comes from one country: Mexico.

    LOU DOBBS: That is right.

    JUAN GONZALEZ: So the crux of the illegal immigration problem in the United States is the question of Mexico and the United States�

    LOU DOBBS: Correct.

    JUAN GONZALEZ: �and the relationships between Mexico and the United States. Mexicans are the larger source of immigration to this country from any nationality.

    LOU DOBBS: What is your point?

    JUAN GONZALEZ: So that the question is that there is a huge disparity between the economic levels in Mexico and the economic levels in the United States. And you have properly said many times on your show that American companies are creating the problems, rather than helping to alleviate the problems. All that would be needed to do is to raise the economic level in Mexico and the entire illegal immigration population problems would decline in this country. And not only that, but the country, if it had a higher immigration quota in connection with�

    LOU DOBBS: Are you giving me instruction, or are you telling me what we agree upon?

    JUAN GONZALEZ: No, we don�t agree. We don�t agree, because you are demonizing illegal immigration as a separate issue, rather than dealing with the realities that Mexico and the United States must find a way to build better closer economic ties and raise the levels for both countries.

    LOU DOBBS: Your view is�as I take it, you and Amy believe that if we just had more illegal immigration, the crime rate would drop and the economy would boom in this country.

    JUAN GONZALEZ: No.

    LOU DOBBS: That�s, on its face, absurd.

    JUAN GONZALEZ: No.

    LOU DOBBS: Secondly, I have, over the�over five years in reporting on this issue, repeatedly pointed out that the investment in Mexico by the United States has been paltry and absurd and diverted to China, instead of to this hemisphere, and particularly Mexico. The results could have been quite different. So when you talked about these issues, you�re preaching to the choir, and you know that. The fact that you would focus on a couple of reports on tuberculosis, leprosy, the issue of the CCC in a flash�what amounts to a flash frame, folks�

    AMY GOODMAN: And all the guests connected to it since.

    LOU DOBBS: And all of those guests. How many would you say? Five?

    AMY GOODMAN: Oh, I can keep going. I just thought�

    LOU DOBBS: I would like�

    AMY GOODMAN: �I should give someone else a chance here to have�

    LOU DOBBS: No, really, I think you should keep going, because the reality is, illegal immigration in this country is not going to be overwhelmed by this nonsense. The reality is, the Southern Poverty Law Center is an advocacy group right now. The ADL is an advocacy group right now. Pro-illegal immigration, pro-open borders, both of you, ideologically�I understand that, and I can deal with that.

    But the reality is, there is such a thing as the national interest. There is such a thing as the common good. And it�s not ethnocentric. It�s not group and identity politics. It�s all about this country, because this political system makes this economy possible. And the fact that people are starving in Mexico�and my heart goes out to them�the reality is there are five-and-a-half billion people in the world who are more impoverished than those folks in Mexico. And that land bridge does not give Felipe Calderon or Vicente Fox or any other group of activists the right to dictate the US immigration policy. That�s the reality.





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  • jbr
    03-10 01:21 PM
    I have been a reader on this site for years and have contributed to many of the fund raising campaigns. I agree with many of the comments on this thread. Brothers and sisters we need to team up and clamour for fair treatment; let us all contribute with dollars and sweat. I assume most of us on this site can afford to contribute a lot more than we have in the past and the potential rewards (fair opportunity to Immigration) are immense.

    I have personally been in the US for ten years and believe I have contributed to the society a lot - while being a law abiding tax payer (I wish I could use the word citizen). And my story is not any different from any of yours. Why then we haven't gotten what we deserve at this point, afterall we have earned it by our sweat. The reason is we haven't realized our strength: in numbers, in dollars and in our contribution to the American society. No one is going to listen until we make our plight known to the public at large and to the law makers.

    Some thoughts on how to go about doing it. We need a detailed plan with names of volunteers who can contribute their time. The plan should also include a list of key law-makers we are going to contact and how. All of this will cost money - so the first thing to do is support the fund-raising efforts. I also think we need to increase the fund-raising target by a lot; because the stakes are so high.

    I apologize if I have wasted anyone's time with a long post. And I thank all of you for caring for one another and by sharing so much info with all the silent readers of this site. I have learned more about immigration from this site than my employer or immigration attroneys could ever share with me.

    I will now put my money where my mouth is by making a contribution to Immigration Voice.



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  • priderock
    06-29 03:53 PM
    I think Matthew Oh should closed his site to do some actual work.


    Why kill the messenger ?? Yesterday when the possibility of mid month retrogression was brought up every one said it is nonsense. Now every one seems to be accepting and reconciling to the fact that there is a possibility that mid month retrogression might happen.

    Give it a day and see as it unfolds. Although I hope this is NOT TRUE , I will not be surprised if this is TRUE. It is better we know about it in advance, how depressing this might be, than caught by surprise.





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  • mammoy2k
    01-08 12:03 PM
    If you dont have PR, the rateyou pay is higher. Some deny loans as well.


    I am on H1/EAD and own a home. Lenders don't deny you a loan solely based on your visa status. Some think its too risky to own a home before getting a green card. I think this is a personal choice you make based on your comfort level. IMHO, we should keep the home ownership out of this. If we include things that are simply not true, it will only make our letter(s) less credible.



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  • gautamkini
    06-18 01:58 PM
    NO They have to be in the US for AOS filing.

    can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...

    gautam





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  • amitjoey
    07-11 01:28 PM
    http://www.rediff.com/news/2007/jul/11us1.htm



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  • venky08
    01-07 10:07 PM
    my letters are on the way GO IV GO...





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  • meridiani.planum
    11-25 10:32 AM
    As long as you are not committing crime, nothing wrong with making decisions which are good for you.


    is'nt this exactly what the investment bankers and speculators on wall street did? It was not illegal (since Paulson and Dubya have deregulated the market so much) but it has now led to the biggest economic downturn in decades, has decimated the retirement savings of millions, and led to millions losing their homes and jobs. Nothing illegal, good for the people who made those decisions (millions in bonuses) but absolutely disasterious for society as a whole.


    The core problem with system was cheap money because of lax lending standard and low interest rates ( blame Greenspan) and affordable housing (like ACORN from Dems). These decisions are made by people in power and so called smart people. Individuals do have their contribution to the problem but the macro decisions provided them means to have things which they can not afford. The bubble had to burst sooner or later ....


    this is a big irritant I have in this whole problem. People are blaming everyone but themselves. Those who bought houses to flip, or mortgages that they cant afford blame the lenders, the housing market, alan greenspan etc. The CEOs of the Detroit big-3 earlier this week blamed the economy, california emission standards, fuel prices etc.
    WHat has happened to taking responsibility for their own actions?? Of all the financial firms it is the one doing somewhat ok: Goldman Sachs, which has cancelled bonuses for their execs. All these other firms which came tincan in hand begging for taxpayer bailouts should all also, by default cancel all salaries and bonuses for the execs. But no, there is no taking of responsiblity any more. Any problem that anyone in America has, is someone else's fault. Disgusting.



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  • desi3933
    06-16 03:50 PM
    yes it is(both about work and supervision), read the pdf.

    The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.
    as IV community we must be against these violations. We must support only the compliance L1B.

    I stand corrected.

    Thanks for this, Simple1. I will get more details on this from my friends from legal area.

    Somehow, it seems that this line, if the offsite arrangement is essentially to provide labor for hire, could have some escape route.

    Thanks again. (Green from me)





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  • NolaIndian32
    11-24 05:31 PM
    I don't think you want to go into foreclosure. It will mar your credit report for sure, and it may be difficult for you to get another homeowners loan in the future.

    Why don't you consider renting out your house via a property management firm?

    Best of Luck!



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  • nomad
    07-25 06:48 PM
    Cool video. Good to see acknowlegement of flower campaign as a reason for USCIS decision.
    Who is the guy in the video being interviewed - is he USCIS official?
    Yes, he is a USCIS spokesperson. His name is Bill Wright.

    From http://blogs.ilw.com/gregsiskind/2007/07/index.html, search voice of america there.





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  • spatial
    08-20 12:55 PM
    DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.

    Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.

    Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?



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  • grupak
    03-25 03:33 PM
    Those that have been effected by this EAD discrimination, file a complaint with the govt. Otherwise why are we here in IV asking for multi-year EAD?

    So what if EAD has to be renewed. GC also has a expiry date now. Next we will be asked to provide medical history to make sure we do not fall sick at work. EAD renewal is an inconvenience that the employer need NOT worry about.





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  • santb1975
    01-11 10:35 AM
    ^^^





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

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

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

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





    alterego
    05-27 04:01 PM
    My EAD expires today, I applied for the renewal on April 6th. This is my 4th EAD and I totally missed to apply in time this time.

    1)Is there any way to speed up the process to get the EAD soon?
    2) I cannot work from next week is there any way I can get through this ?

    Thanks
    Rajesh


    Tough problem indeed. Especially now that they are not entirely following their rule to give you a 90 day response. Instead they now suggest you apply 6 months ahead! For a document valid less than a year and for which the filing price is expected to double soon. They are basically asking you to apply every 6 months or so. I wonder why they do not charge 4 times and give it for 2 yrs, atleast we can avoid the stress.

    Anyway, one consolation is that my lawyer says they have been approving it with an effective date the day after your last expiry, but thats not a guarantee. The situation sucks. I applied 95 days ahead(my 3rd EAD application by the way) and am still a little antsy with a month to go. Of course you remain in status due to pending 485 but whether to go to work is a different matter. I personally am planning to take a few days off at that time should it come to that.

    Let me know how yours goes.





    Canadian_Dream
    11-25 05:26 PM
    Some Rules:

    Rule 101 for car buying: Value depreciates moment you walk out of show room. How much it will be, no one can guarantee you and no one but you are liable for depreciation.

    Rule 101 for Home buying: Value of the debt you sign will remain unchanged
    while the value of asset may erode.
    Rule 102: House is a secure debt: meaning if you don't pay the house will be repossessed by bank. So you have to pay to play.
    Do you know there is no earthquake insurance in California so if you loose your fully paid house in earth quake you are left with ZIP !!!

    Mother of all Rule: Don't get into the any game without knowing the rules.

    Now some clarification: The money Punjabi77 own to the bank is actually already paid to the builder or seller (previous owner) by the bank. Bank gave away that money just by a stroke of signature of Punjabi77 and in return for future interest payments. So the asset value on the book is what Punjabi
    owes not a penny less and not a penny more. If they reduce the asset value to make Punjabi77 feel better it will be taking loss for him ? Why should they do it ? Should they take it back from builder and where do we stop ?

    We can demonize lenders, Wall St and everyone all we want, but this thread is not about them. This is about punjabi77. But I don't know why it is so hard for us to just accept that we screwed up, got enticed made a mistake and start to fix it. Stop the blame game for once. I can attribute all my problems to someone or the other but how does it help me ? The sooner I accept them and start to work on then better it is for me.

    In principle, I agree with you that we are responsible for what we 'sign up' for and shouldn't back away from that. But, your example is a little bit off as in nobody is asking back money from the mortgage which is already paid (akin to the difference in gas prices that you mentioned), the interest rate could change and we are liable to pay the difference in the mortgage payments due that fluctuation - the thing here is the base value of your asset. As a hypothetical example (because vehicle prices always depreciate, so please ignore the reality), let's say you bought that Gas guzzling SUV at 50k and now suddenly after 2 years, due to whatever reason, you go and try to sell the same SUV to the same dealer and he quotes you 5k. Wouldn't you fault that dealer for selling you the same thing at 50k when the actual value of the same asset 2 year back was 5k (but he sold you at 50k and you have only paid back 10k in monthly installments until now). Who is to blame for that 35k deficit? You? Forget the monthly payments here and concentrate on the actual asset value.

    As mentioned above, I do agree that we are liable for what we do in life and one has to stand up for his/her deeds - but at the same time, and I again argue the same point, that the greedy people on wall st. and lending institutions are largely responsible for this mess - imagine if they had never sold you the asset for 50k, which is a bloated amount for that particular asset and the sad part in this is that the lender lends out the money knowing all this.



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