Tuesday, June 28, 2011

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  • go_guy123
    07-28 03:37 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.

    yes its a NO NO for any amnesty...things will get better once skilled immigrants can seprate from the illegal immigrant lobby. Thats what happened in 2000




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  • riva2005
    04-06 08:31 PM
    What's going on here is that approx there are 500,000 people on H1B visas in this country.

    If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.

    So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.

    These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.

    They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.

    Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.

    Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.




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  • nogc_noproblem
    08-07 12:47 AM
    After his day's sightseeing, an American touring Spain stopped at a local restaurant.

    While sipping his wine, he noticed a sizzling, scrumptious looking platter being served at the next table. Not only did it look good, the smell was wonderful.

    He asked the waiter, "What is that you just served?"

    The waiter replied, " Ah senor, you have excellent taste! Those are bull's testicles from the bull fight this morning. A delicacy!"

    The American, though momentarily daunted when he learned the origin of the dish said, "What the hell, I'm on vacation! Bring me an order!"

    The waiter replied, "I am so sorry senor. There is only one serving a day since there is only one bull fight each morning. If you come early tomorrow and place your order, we will be sure to serve you this delicacy!"

    The next morning the American returned and placed his order. That evening he was served the one and only special delicacy of the day. After a few bites, and inspecting the contents of his platter, he called to the waiter and said, "These are much, much smaller than the ones I saw you serve yesterday!"

    The waiter promptly replied, "Si, senor!" Sometimes the bull wins!




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  • unseenguy
    06-20 05:55 PM
    Real estate is always a local phenomena. So those of you who are following national guidelines are misleading yourselves. Unless you are major investor, who would like to keep his/her real estate portfolio diverse, national level real estate indicator is not of much use.

    I bought a foreclosed house few months ago, but before that did thorough study at personal level. Not only analytically study your market, but also "go to genba". Feel the pulse, find where and what kind of people live in those sub-divisions.

    If you are leaning towards investing, lean with good intent. Avoid risk by thouroughly understanding your financial situation. I went with 30 yr fixed, to be conservative.

    Finally, have guts to make a call, either way. It's the right time, I would say.

    In my local area I see about 50-50 ratio of open homes to sold homes on MLS maps. However the prices are too high, I think. Also due to my income level, I do not qualify for Obama's homeowners rebate and I do not think prices will skyrocket in 2-3 years, so for my personal situation, I have an opportunity to save a LOT for my downpayment while I wait for my GC and be in a position to either buy a bigger home or take reduced mortgage when I decide to go for the kill. It also gives me flexibility to shift the liquid assets to India with relative ease. Dont get me wrong, I can buy a villa in Bangalore almost loan free. In that case, I am wondering if taking a mortgage and being tied to it during uncertainty is a smart move.

    Although there is a tax benefit to the mortgage , one thing we know for sure is that home prices are not about to go up anytime soon. So with low rent payment for next 2-3 years, I should be in a solid position to decide what I want to do.



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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M




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  • SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!



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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.




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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.




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  • puddonhead
    06-05 05:22 PM
    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    Now we are getting into another different fun topic - how does a real estate "investment" compare with other forms of investment.

    1. Leverage = speculation = risk. By taking the leverage and buying the house - you lock in a 3-5% return and a lot of risk (for a 200k house - that would be 10k/year max). The 3-5% comes from long term price appreciation trends.

    If I did not buy that 200k house - I would invest the initial 40k and the rest of 160k gradually every month. For simplistic calculations:
    return from 40k - 5% (I can show you reward checking accounts with that rate even now). Inflation protected TIPS could be a good place if you are afraid of hyperinflation
    Earnings = 2k.

    You save 3k each year by renting.
    Running Total = 5k.

    Every year - you put in some money to your investment vehicle = mortgage amortization. So over 30 years - you would have been earning investment income on $80k @5% on an average = 4k.
    Running Total = 9k.

    So you are making 1k more by buying - AND taking a lot of leverage = risk.

    Inflation can upset this calculation - but not much. 1980 - 2008 was an unusual period of low inflation and high growth = high housing price increase. Any bets on how sustainable that would be? Typically housing price appreciation would be at or below inflation - which would favor other investment vehicles over real estate.

    I personally would need much more compelling reasons than the above to buy.

    This calculation does not take into account the flexibility in relocation if you do not buying a house. It alos does not consider the risk associated with having the largest chunk of your portfolio invested in a single non-diversified house instead of having a properly diversified portfolio.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.



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  • setpit_gc
    08-05 04:23 PM
    Rolling Food,

    Don't waste your money and energy. You will fail if you go with this idea.

    Try it out if you can.

    BTW, I am in the process of porting my PD and category.




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  • pappu
    03-25 11:58 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?

    http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf



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  • xyzgc
    01-10 11:04 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!




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  • Macaca
    12-30 07:20 PM
    In Mumbai, a Place to Showcase an Art Collection (http://www.nytimes.com/2010/12/30/greathomesanddestinations/30gh-location.html) By AMANA FONTANELLA-KHAN | New York Times

    At Ashiesh Shah’s housewarming party in November, amid clinking champagne flutes, one of his friends joked that his apartment is actually an art gallery in disguise. Looking at the sculpture of a two-foot-long baby made of material from a spinnaker by the Canadian artist Max Streicher suspended above the staircase, any guest to his home might agree.

    Mr. Shah, 32, began collecting art in his 20s when he was still getting his start as an architect. Now he designs interiors for many of the city’s Bollywood actors. But up until last year, he had never had his own space to design. He was living with his parents in an apartment on Mumbai’s scenic Marine Drive.

    It was struggle to find the right space to showcase his art collection in a dense city with soaring real estate prices. “My art is not only two dimensional, it also takes up floor space and in a city like Mumbai, floor space can be just as expensive as art,” Mr. Shah said.

    He looked at more than 40 apartments over seven months, before settling on the one he bought in October 2009, a dark apartment subdivided into several small, boxy rooms in a five-story concrete structure built in the 1960s.

    The 1,075-square-foot apartment was nearly 41 million rupees (about $900,000 at 45 rupees to the dollar) average for an apartment on Peddar Road, a busy arterial in south Mumbai in the affluent Altamount neighborhood. His neighbors include some of his clients, as well as Mukesh Ambani, a business magnate who built a $1 billion 27-story building home, and industrialists like Kumar Mangalam Birla, the chairman of the Aditya Birla Group.

    It took over a year and around 5 million rupees ($110,000) to convert the space from a two-bedroom cramped duplex to an airy one-bedroom studio. Knocking down a total of nine walls, Mr. Sha said, “gave me freedom to place art pieces in a fluid, open space.”

    Still, it wasn’t enough square footage to showcase all of his collection at the same time. As a result, he created a small storage room for pieces not on display, which he rotates into the apartment about every six months. “It means that the art never gets static,” he said.

    But with limited space were opportunities for functional pieces to have artistic elements, as is the case for his staircase. Mr. Shah had initially planned to turn the steps — carved from a solid cube of white Indian marble — into drawers for additional storage, but they were too small. He converted them into what he calls “curious steps” instead. “I am planning to give them out to artists in the future to make commissioned miniature art for them,” he said.

    Other features, such as a partition panel that pulls out from a wall in the living room, have dual functionality, serving as a projection screen for video art and creating a sectioned-off viewing area.

    White epoxy flooring — “Which took three tries to get right,” he says — and white walls on the main floor help create an illusion of greater perceived space, as well as a neutral background for his art collection.

    Mr. Shah also added whimsical elements to “give the flat an element of play,” he said. In the guest bathroom, a light projector positioned above the sink creates pronounced shadows on the walls when people wash their hands. “Guests end up spending those five seconds more in the bathroom and think, ‘That was fun,’ ” Mr. Shah said. He placed a sculpture of obstetric forceps by the Indian artist Anita Dube next to the floating baby that hangs above his stairs.

    Pointing to an antique couch, which he upholstered using a vintage Rajasthani carpet, Mr. Shah said that he made sure the red design motif in the center of the carpet was positioned to resemble a pair of lips.

    “Did you notice that?” he asked. “I did that because this is my gossip couch.”



    Taking on the world (http://timesofindia.indiatimes.com/home/opinion/edit-page/Taking-on-the-world/articleshow/7192176.cms) Times of India Editorial
    Delhi plans Tate Modern-style gallery in old power station
    Ambitious project in Indian capital involves dismantling parts of the Indraprastha power plant beside banks of Yamuna river (http://www.guardian.co.uk/world/2010/dec/28/india-delhi-power-plant-project)
    By Jason Burke
    Delhi to build its own Tate Modern on banks of Yamuna (http://www.telegraph.co.uk/culture/art/art-news/8228523/Delhi-to-build-its-own-Tate-Modern-on-banks-of-Yamuna.html) By Barney Henderson | Daily Telegraph
    Indian Citibank 'fraudster' arrested (http://www.bbc.co.uk/news/world-south-asia-12092058) BBC



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  • pete
    04-10 04:12 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.





    Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?




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  • like_watching_paint_dry
    07-16 10:10 AM
    Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.

    Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.

    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.

    You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.

    DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.

    You can use these forms and file a complaint:

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    http://www.usdoj.gov/crt/osc/htm/charge.htm



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  • Legal
    08-05 09:00 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D




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  • pthoko
    07-11 10:48 AM
    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.



    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.




    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.


    Yes H1B is NOT Stamped yet.




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  • Marphad
    01-09 01:00 PM
    Read this: especially para with title: Land grievance against Indian Muslims


    http://www.ivarta.com/columns/OL_041208.htm




    prioritydate
    01-10 10:21 PM
    With Israel on the offensive and so many jihadis getting whacked - don't you think that there'll be a serious shortage of virgins in jihadi heaven :D

    LOL! Short of virgins! Man! what a drag...




    xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).



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