at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......
India was perhaps the first successful example of natives gaining independence from a colonial European power....
also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)
Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......
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for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
May 2011 is likely to go down as an especially important and intensive period in U.S.-China relations. Leaders of the two countries held the latest annual session of the bilateral Strategic and Economic Dialogue on May 9-10. And this week, eight high-ranking Chinese generals, led by Chen Bingde, chief of the general staff of the People�s Liberation Army, will meet their Pentagon counterparts and then tour selected U.S. military installations.
The conventional wisdom is that these events mark a dramatic improvement in a relationship that has been marked by growing tensions in recent years. That interpretation is partially correct, but there are some worrisome countercurrents that are also important. Despite the improving communication between the two sides, U.S.-China relations remain strained, and there are troublesome issues that will not be easy to ameliorate, much less resolve.
The opening day of the Strategic and Economic Dialogue illustrated both positive and negative trends. On the positive side, the Chinese delegation for the first time included high-level officers of the PLA. Their absence from those meetings in previous years left a noticeable void in the discussions, especially on such crucial issues as nuclear weapons policy and the military uses of space. American officials also viewed the lack of a military contingent in the Chinese delegation as tangible evidence of the PLA�s continuing wariness, if not outright hostility, toward the United States. The presence of those leaders in the latest dialogue was an indication that the cold war that had developed between the PLA and the Pentagon since the collision between a U.S. spy plane and a Chinese jet fighter in 2001 was finally beginning to thaw.
On the other hand, the opening remarks of Vice President Joe Biden, Secretary of State Hillary Clinton, and other U.S. officials struck a confrontational tone. They expressed sharp criticism of Beijing�s recent arrests of activists and artists following the pro-democracy uprisings in the Middle East. More broadly, Clinton stated that �We have made very clear, publicly and privately, our concern about human rights.� In an interview in The Atlantic, released during the talks, Clinton was even more caustic, accusing China�s leaders of trying �to stop history,� which she described as �a fool�s errand.�
It was not surprising that the U.S. delegation would raise the human rights issue in the course of the dialogue. But it was not the most constructive and astute diplomacy to highlight during the opening session perhaps the most contentious topic on the agenda. A senior administration official later stated that the discussions on human rights were �very candid,� which was probably an understatement.
The broader context of the opening session was not overly friendly either. While that session was taking place, President Obama conducted a lengthy telephone conversation with Indian Prime Minister Manmohan Singh. The White House issued a bland statement that the two leaders discussed matters of bilateral and international concern, including the killing of Osama Bin Laden, but the underlying message to the Chinese was anything but subtle. The timing especially sent a signal to PRC leaders that in addition to Washington�s strategic links with its traditional allies in China�s neighborhood (especially Japan), the United States had key options available regarding the other rising regional giant�and Chinese strategic competitor�India. As in the case of the lectures on human rights, highlighting U.S.-India ties at that moment did not help ease bilateral tensions with Beijing.
Even when U.S. officials ostensibly sought to be conciliatory, the attempt often came across as self-serving and borderline condescending. Secretary of the Treasury Tim Geithner, for example, praised some �very promising changes� in Beijing�s economic policy that had taken place during the previous year, especially on the currency valuation issue. But there were few offers of economic carrots from the U.S. side. The emphasis was always on the concessions Washington expected from Beijing.
The closed-door meetings appeared to be more constructive than the public session, as the participants reached agreement on a number of measures, both minor and significant. In the former category was the announcement of Beijing�s decision to offer twenty thousand scholarships to American students for study in China. In the latter category was a two-pronged agreement, which included both a commitment to conduct regular talks (dubbed �Strategic Security Dialogues�) regarding security problems in East Asia and a �framework for economic cooperation� to address the full range of occasionally contentious bilateral economic and financial issues. In addition, Beijing made commitments to increase the transparency of China�s economy, especially the government�s use of export credits.
Progress on security and economic topics was gratifying and holds considerable potential. But whether the outcome deserves the label �milestone agreement,� as officials contended, remains to be seen. The significance of the accord depends heavily on the subsequent execution, especially on the Chinese side. Nevertheless, the dialogue clearly ended on a high note, and one that was better than anticipated following the U.S. delegation�s brusque comments at the opening session.
Expectations regarding the visit of General Chen and his PLA colleagues are also upbeat. The visit itself is a significant breakthrough. Military-to-military relations have been tense and episodic for years. The most recent disruption occurred in early 2010 when Beijing angrily severed those ties following the Obama administration�s announcement of a multi-billion-dollar arms sale to Taiwan.
Despite the cordial rhetoric accompanying this trip (and the full military honors accorded Chen during a ceremony at Fort Myer), the visit has far more symbolic than substantive importance. The U.S. and Chinese militaries are not about to become best friends. The best that can realistically be expected would be measures to improve communications between forces deployed in the air and on the sea in the Western Pacific region to reduce the danger of accidents or miscalculations. Any breakthrough on larger strategic disagreements will have to be reached between officials at higher pay grades than even General Chen and his American counterparts.
The change in tone in the U.S.-China relationship is welcome, since better cooperation on both economic and strategic issues is important. Trends on both fronts over the past several years have been worrisome. A failure to cooperate on economic matters not only jeopardizes both the U.S. and Chinese economies, it also poses a threat to the global economic recovery. Animosity on security topics creates dangerous tensions in East Asia and undermines progress on such issues as preventing nuclear proliferation.
Nevertheless, while China and the United States have significant interests in common, they also have some clashing concerns in both the economic and strategic arenas. There are bound to be tensions between the United States, the incumbent global economic leader and strategic hegemon, and China, the rapidly rising economic and military power. The critical task for leaders in both countries is to manage those tensions and to keep them under control.
The political and diplomatic dance between such great powers is inevitably a wary, delicate one. But the alternative would be the kind of outright hostility that marked the relationship between the United States and the Soviet Union, and that would be to no one�s benefit.
China must stop being so secretive about its military rise (http://blogs.telegraph.co.uk/news/peterfoster/100088783/china-must-stop-being-so-secretive-about-its-military-rise/) By Peter Foster | Telegraph
Stealth has the smell of success (http://atimes.com/atimes/China/ME20Ad03.html) By Carlo Kopp | Asia Times
A Rare-Earths Showdown Looms
WTO litigation over China's export limits is inevitable unless Beijing comes to its senses. (http://online.wsj.com/article/SB10001424052748703509104576331010793763864.html)
By JAMES BACCHUS | Wall Street Journal
Chinese interests in Pacific nations: mining ventures in PNG (http://www.eastasiaforum.org/2011/05/19/chinese-interests-in-pacific-nations-mining-ventures-in-png/) By Graeme Smith | UTS and ANU
China-risers should pause for breath (http://atimes.com/atimes/China/ME20Ad01.html) By Tom Engelhardt | Asia Times
How China Gains from Fukushima (http://the-diplomat.com/2011/05/20/how-china-gains-from-fukushima/) By Saurav Jha | The Diplomat
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United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
I hope the next presidential candidate takes these things in consideration while working on the CIR bill.
Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.
As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.
The older you get, the tougher it is to lose weight, because by then your body and your fat have gotten to be really good friends.
Did you ever notice: The Roman Numerals for forty (40) are " XL."
If you think there is good in everybody, you haven't met everybody.
If you can smile when things go wrong , you have someone in mind to blame.
The sole purpose of a child's middle name is so he can tell when he's really in trouble.
Did you ever notice: When you put the 2 words "The" and "IRS" together it spells "Theirs."
Aging: Eventually you will reach a point when you stop lying about your age and start bragging about it.
The older we get, the fewer things seem worth waiting in line for.
Ah, being young is beautiful, but being old is comfortable.
First you forget names, then you forget faces. Then, you forget to pull up your zipper.
It's worse when you forget to pull it down.
Long ago when men cursed and beat the ground with sticks, it was called witchcraft.
Today, it's called golf
There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!
Why would somebody not call them Islamic terrorists?
Now that does not mean all followers of Islam are Islamic-terrorists.
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I am here legally in this country for 8 years. Applied for 9th year extension this month and waiting in line for Green Card since 2004. I strongly beleive that with Sen. Obama in WH, the US economy will get out of the current crisis and we can see the good old days of 90's again.
I am also looking after the backup plans now just in case if Sen. Obama's immigration policy is based on the CIR 2007 and all the provisions that are against the EB community are included then i do not have any choice other than to leave the country. I am getting ready to apply for Canadian PR whcih would not take more than a year and by that time i believe we will have a good picture of Obama's immigration policy.
No. How about you:can you show a study and correlation between outsourcing and salary stagnation ?
Let's be honest and realistic, do you believe that by bringing more workers, how long that would prevent companies from offshoring jobs ? It is true that by not bringing more workers, companies would be more willing to offshore. In my view, companies will offshore regardless in the future. With or without cheaper labor here, they will be tempted to go overseas since the savings are significant, am I right ? At that time is when people has legitimate concerns to control the numbers of newcomers.
Your logic is getting a little simplistic here. I will try to explain the best I can and this is my last post on the topic. Here are a few points. Try to link them together and you will get a sense of the whole logic.
(1) Companies outsource because of cheap labor.
(2) Companies also look elsewhere when there is a shortage.
(3) There are areas other than high tech (e.g. science, mathematics, biotechnology) that need people from outside (including fresh US university graduates).
(4) Other countries will catch up with the US if cutting edge companies donot find enough STEM people.
(5) These other countries with more logical immigration policies will attract talent and the companies will move there.
(4) Graduates in STEM need to get H1B after their practical training.
(5) US does not produce enough STEM graduates and cannot entice foreign students if there are no H1B's available when they enter the job market.
(6) Outsourcing of top science jobs are not only lost jobs but also cause collateral damage and reduce other jobs dependent on that job.
(7) Without the supply of high quality graduates the companies lose their cutting edge and start cost cutting instead of innovating.
There is a national research council report which may be available from the National Academy of Sciences. Foreign STEM's are desperately needed and non-availability of H1B visas means fewer students will come as they are uncertain of getting a H1B. Here is an Indian example: The IIT graduate will go to Bangalore and earn enough from day 1 to own a nice apartment, have a chauffeur and a maid. On the other hand you want him to come to the US to work 6 years on a Ph.D getting a student stipend and no guarantee to stay and work. If you think this top brain will come you should be living in the world of Peter Pan.
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My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.
No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
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�I really don�t have a strong partisan style. I just like getting things done,� said Hellmann.
Under his helm, the lobbying team at the Information Technology Industry Council (ITI) has earned a reputation as a smart and aggressive advocate on Capitol Hill for the high-tech cause.
Hellmann, 46, joined ITI in 2001 after several years advising House Republican leaders, including then-House Speaker Dennis Hastert (R-Ill.). But politics was not always foremost on the Florida native�s mind. He describes himself as a former �beach bum� who did not vote in the 1980 presidential election because he could not choose between Ronald Reagan and Jimmy Carter.
�Now I know better,� Hellmann said.
By college, Hellmann�s interest in Washington had begun to simmer. He majored in political science and says he typically flipped to C-SPAN instead of MTV. In 1984, he took a job as a paid intern to then-Rep. Buddy MacKay (D-Fla.).
Hellmann soon after switched sides and began to move up the ranks. He worked for several prominent GOP lawmakers, such as Rep. Newt Gingrich (Ga.), before becoming a key adviser to party leadership. There, Hellmann helped to push through welfare reform, anti-poverty legislation and the No Child Left Behind Act.
The lobbyist always strived for results in Congress and saw the need for both parties to work together. Hellmann put that philosophy into practice as the liaison between then-House Majority Whip Tom DeLay (R-Texas) and the coalition of Blue Dog Democrats.
�He knows substance, but even more importantly, he knows the institutional quirks and the process as well as anybody in town,� said Rep. Adam Putman (Fla.), the House Republican Conference chairman. Putnam credits Hellmann with educating members on �how the technology sector is a driver of the economy.�
As ITI�s senior vice president of government relations, Hellmann says it is not difficult to lobby for his trade group�s members � corporations like Dell and eBay � since they are �the coolest companies in the world.�
�We call it the �wow� effect,� said Hellmann. But gone are the days when high-powered executives for tech companies could fly into Washington once a year, meet with lawmakers and expect to achieve what they wanted on Capitol Hill, according to the lobbyist. Now, a daily, active presence is necessary to keep check on Congress, which can affect the industry on multiple fronts.
Increasingly, other well-heeled business lobbies with decades of experience in Washington are weighing in against tech companies� interests. �We have to match them in shoe leather,� said Hellmann.
Adam Kovacevich, Google�s Washington spokesman, described Hellmann as an excellent advocate for the tech cause � a �good consensus-builder� who has �a great understanding of what is actually possible on the Hill.�
�He has never stopped building relationships with new generations of staff,� said Kovacevich, who worked at ITI in 2005.
To maintain ITI�s lobbying prowess, the trade group executive has helped assemble a team of �type-A personalities� who can work with both parties and understand how Congress works. Each lobbyist has between five and 10 years of government service, Hellmann estimated.
�With Rahm, we moved a million miles a minute and we got things done. I felt ITI worked the same way,� said Jon Hoganson, who recently joined ITI from House Democratic Caucus Chairman Rahm Emmanuel�s (Ill.) office. �It wasn�t about white papers and setting up meetings.�
Hellmann credits ITI�s quick action with helping to convince Congress to set a date for the country to move from analog to digital television. The trade group and its member companies formed the DTV Coalition, and stressed in Hill meetings that the sale of spectrum bandwidth could generate $10 billion in federal revenue, according to Congressional Budget Office estimates.
More recently, ITI has waded into the emotional battle over immigration. Hellmann�s German-born parents came to America in 1956 on his father�s employment visa, so the debate has special resonance for the lobbyist.
�There is a strong nativist element in Washington right now,� said Hellmann. Republicans have weighed in against immigration reform.
Democrats, meanwhile, have railed against trade deals, another ITI priority.
With so much on the trade group�s plate, Hellmann plans to keep ITI up to date on Washington�s happenings and sees no need to slow down.
�Politics is a fast-moving sport,� Hellmann said.
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Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.
Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.
The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.
The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.
"It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."
In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.
"This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.
Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.
A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.
In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.
Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."
The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.
Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.
The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.
Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.
Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.
In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.
On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.
His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.
Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".
"I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."
Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."
'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India
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Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.
Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.
Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.
When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.
So collateral is always in play.
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Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.
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When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
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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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Why then should Obama support anti-EB measures that will hurt his chances in the future, when he'll get no benefits by supporting those measures?
Hope better sense prevails!
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
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Don't get me wrong, I feel you!
But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.
We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.
Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!
I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.
- Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?
- If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.
- Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?
- If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?
- Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?
- Why can't they ban DV lottery? But go after H1Bs.
- Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.
The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .
Since everyone is posting what they want, I guess I can also just post anything here....
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....