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  • alterego
    07-13 02:09 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.





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  • delax
    07-14 08:48 AM
    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.

    Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.

    I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.





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  • Marphad
    01-06 01:38 PM
    Refugee_New,

    It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.

    It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.

    People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.

    My sympathies are with poor innocent kids of palestine got killed.

    But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.





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  • Macaca
    12-28 06:29 PM
    China's Sudan Predicament (http://www.huffingtonpost.com/joe-lauria/chinas-sudan-predicament_b_801655.html) By Joe Lauria | Huffington Post

    The age of ideology in China may soon be ending. Caught between its longstanding opposition to independence movements worldwide and its expanding economic interests, Beijing finds itself remarkably choosing to court a separatist government in south Sudan.

    The south is scheduled to vote on January 9 on independence from Khartoum after 43 years of civil war that left more than 2 million people dead. The referendum is still uncertain amid fears of a new war. But if the vote goes ahead, the south is overwhelmingly expected to break the continent's biggest nation in two.

    China has long had substantial investments in all of Sudan, the most of any foreign country. It has a 40% stake in the oil industry and 60% of Sudan's oil is exported to China. To protect those interests Beijing has supported Khartoum in the U.N. Security Council over separatist movements in Darfur and, until recently, in the south.

    That was consistent with China's opposition at the U.N. to separatist movements elsewhere in the world, such as in Kosovo and East Timor. The aim has been to give no encouragement to Taiwan and its own restive minorities in Tibet and Xinjiang. Those independence movements are watching what China does abroad. Taiwan, notably, was among the first countries to recognize Kosovo.

    Until early this year, China steadfastly opposed southern independence in Sudan too. But China saw the writing on the wall in Juba and was faced with a choice: either risk emboldening its domestic independence movements or its oil investments in the south, where 80% of the country's petroleum is found.

    "Khartoum had insisted that they alone were the interlocutor on oil for a long time and the Chinese respected that," said Fabienne Hara, an Africa specialist at the Brussels-based International Crisis Group. Khartoum awarded China's four oil concessions. But by 2007 the south Sudanese realized they needed China if they were to become independent and the Chinese realized they might soon need an independent south Sudan too, if the oil went with it. "It is pragmatism. I don't think anyone believes that the referendum process can be stopped," Hara said.

    China opened a consulate in Juba, the south's capital, a normally unusual move for Beijing in a place that wants to break away. Chinese Communist Party officials routinely visit the south. Southern leader Salva Kiir has twice visited China.

    But Beijing must walk a fine line between courting the south and not alienating the north. It still has major business there, including arms sales and infrastructure projects. Li Baodong, China's U.N. ambassador, told me that Beijing is clearly trying to stay on good terms with both sides.

    "We respect the sovereignty and territorial integrity of this country, any argument amongst themselves, that's their internal affairs and we are not getting into it," Li said. "Whatever the choice the people make, we will respect that."

    Oil revenue is currently shared 50-50 between north and south under the 2005 peace deal that set up the referendum. It is pumped from the south through the north in a 1,000-mile Chinese-financed pipeline to a Chinese-built refinery in Port Sudan on the Red Sea, where it is shipped.

    How to share this oil in an independent south Sudan is still one of the trickiest questions the two sides, under the mediation of Thabo Mbeki, are trying to work out. Other issues under discussion are the border, sharing water and what to do with Abeyi. Sudanese President Omar al-Bashir warned of war if these issues aren't worked out by Jan. 9.

    The south would likely enrage Khartoum if it were to find a way to get the oil out bypassing the north altogether. With Chinese help, this may one day happen.

    Kenyan officials have been studying a pipeline and refinery project from south Sudan to the port of Lamu on the Indian Ocean coast. The Kenyan Transport Ministry has sought bids for the project. According to China Daily, Kenyan President Mwai Kibaki and Chinese President Hu Jintao discussed China's commitment to build the $16 billion project last May in Shanghai. China is conducting a feasibility study, according to Kenyan media.

    I asked Ali Karti, the Sudanese foreign minister, about how his government would react to such a project. "We have our own oil," he said, adding, "That project will never be built."

    Adopting a Western business mentality, in which profit and economic growth are often the only tenets, has launched China into a head-on collision with some of its traditional policies, said Dru Gladney, an expert on Chinese minorities at Pomona College in California.

    China has always portrayed itself as a leader of developing countries, but its own rapid development has changed its relationship with the developing world, he said. "Encouraging a so-called separatist movement is one that is going to complicate that position very much," he said.

    "It is a delicate issue for China. It is a very important development that China is seriously considering going against its 50-year long policy of non-intervention," Gladney told me.

    China has apparently calculated that it can suppress its own separatists while courting separatists in Sudan, he said. "Chinese separatists are going to recognize that China first and foremost is very pragmatic, that its development and national self-interest is clearly taking precedence over ideology in China today."

    "They may take some encouragement from it, but I don't think they really will take it that China is changing its position on separatism, especially within China," Gladney said.

    He expects Beijing to crack down on separatists at home while making deals with them abroad. "It's whichever cat catches mice and in this case the cat that supports a separatist, Christian group will catch more mice for China," Gladney said.



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  • gopinathan
    08-12 02:03 PM
    :D:D

    can't stop laughing.. thanks rsdang..

    (long pause)

    DJ: Folks, we need to take a station break





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  • alisa
    12-27 02:47 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.



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  • Green06
    09-26 10:31 AM
    We are living in this country for 8 years on H1b with a hope that one day we will be permanent residents of this country. I love to see Senator Obama as the next president of US but I am afraid that that would be the end of my GC path. I have Canadian Immigration as a backup and if we don't get anything here by next year then we will move to Canada. We are already getting good offers from Alberta Canada and seriously thinking about moving there.





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  • abcdgc
    12-27 09:20 AM
    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.

    Marphad,

    Please don't get fooled again by this kind of sweet talk. This is the same kind of talk that Musharraf did with Americans after 9/11. But no terrorist camps were dismantled and Pakistan continues to provide safe heaven to taliban and bin ladin. Every time US or India or someone else is about to take a stern action, the most clever wing of Pakistan kicks-in, to do this sweet talk. I don't trust this sweet but filthy expression anymore. Pakistan is not even ready to prosecute LeT, JeM leaders. Just 1 guy is under "house arrest" for Mumbai attacks. If Pakistan were serious, there would be more real action on the ground. Instead, the government is trying to find reasons not to take any action. Alisa is just saying the same thing, justifying the inaction of Pakistani government. The bottom line is, Pakistan is not serious about dismantling the terrorism infrastructure. ISI continues to fund and supply arms to all terror outfits. Every terrorist attack also presents an opportunity to get ride of the bad guys. Civilized society is befooled by this sweet talk every time there is a possibility of some action. Since 9/11, the terror outfits have grown within Pakistan, even though world community thinks that Pakistan is "ally" in "war on terror". Bull Shit. India must conduct surgical strikes and should not let its guard down. The only other option is, wait for the next attack by terrorist coming from Pakistan. Next time it will someone else's brother or mother. I don't want it to be my brother or my mother. And so I demand action from Indian government RIGHT NOW. I have given piece of my mind by calling and writing emails & letters to news anchors who even remotely suggested against attacking pakistan. I see their tone change. I have also called the government and written letters demanding action, and will continue to do so till there is response to the war waged on us. And I request you and others do the same.



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  • NKR
    03-25 02:32 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.



    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.





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  • rongch60
    07-14 02:40 AM
    To be honest, do you think that a petition from 1 category from 1 country will change the way USCIS interpret the spillover rule? No way! Currently, the highest priority is to make sure that USCIS use up all visa numbers. Any waste will hurt both EB2 and EB3. EB3 petition will create confusion on the bills, waste times from USCIS, and potentially took advantage by anti-immigrant groups to stop spillover. Is there any law that clear stated the cross-country spillover? Please stop the fight and not take the risk of losing all cross-country spillover!



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  • chintu25
    08-06 09:23 AM
    A boat docked in a tiny Mexican village. An American tourist named Jon complimented the Mexican fisherman on the quality of His fish and asked how long it took him to catch them."Not very long," answered the Mexican.
    "But then, why didn`t you stay out longer and catch more?" asked Jon.
    The Mexican explained that His small catch was sufficient to meet His needs and those of His family.

    Mr. Berg asked, "But what do you do with the rest of your time?"
    "I sleep late, fish a little, play with my children, and spent quality time with my wife. In the evenings I go into the village to see my friends, have a few drinks, play the guitar, and sing a few songs. I have a full life."

    Our intrepid Mr. Berg interrupted, "I have a M.B A. from Stanford and I can help you.You should start by fishing longer every day. You can then sell the extra fish you catch. With the extra revenue, you can buy a bigger boat. With the extra money the larger boat will bring, you can buy a second one and a third one and so on until you have an entire fleet of trawlers. Instead of selling your fish to a middle man, you can negotiate directly with the processing plants and maybe even open your own plant. You can then leave this little village and move to Mexico City, Los Angeles, or even New Jersey! From there you can direct your huge enterprise."

    "How long would that take?" asked the Mexican.
    "Twenty, perhaps twenty-five years," replied Jon.
    "And after that?"
    "Afterwards? That`s when it gets really interesting," answered Jon, laughing. "When your business gets really big, you can start selling stocks and make millions!"

    "Millions? Really? And after that?"

    "After that you`ll be able to retire, live in a tiny village near the coast, sleep late, play with your children, catch a few fish, spend quality time with your wife, and spend your evenings drinking and playing the guitar with your friends!"





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  • mmillo
    07-08 12:57 PM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..


    UN

    we miss you and your experience



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  • gomirage
    06-07 04:56 PM
    The above story should not come as a shock to anyone. This is just economics laws coming to to play. This keep going until the market finds it equilibrium point, where there are enough people that can afford the supply. This can happen in 2 ways. either income rises for people to afford the prices or prices fall low enough for people to buy. High skilled immigration can provide answers in scenario 1, low skilled immigration may be an answer in scenario 2.





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  • Rolling_Flood
    08-05 08:19 AM
    Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

    However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

    I can provide more details in a week or so, when i have my final draft plan ready.

    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.



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  • StuckInTheMuck
    08-08 05:26 PM
    Judy was having trouble with her computer. So she called Tony, the computer guy, over to her desk. Tony clicked a couple buttons and solved the problem. As he was walking away, Judy called after him, "So, what was wrong?"

    And he replied, "It was an ID Ten T Error."

    A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"

    He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"

    "No," replied Judy.

    "Write it down," he said, "and I think you'll figure it out."

    (She wrote...) I D 1 0 T





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  • ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that



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  • pthoko
    07-10 10:07 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.





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  • anandrajesh
    03-25 05:06 PM
    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)

    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.





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  • NKR
    08-05 04:34 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)





    psvk
    08-05 06:02 PM
    We always hear "the rules" from the female side. Now here are the rules from the male side. These are our rules! Print this out and pass to your partner for a greater understanding:
    .

    Could not stop laughing on most of them. Thanks to all.

    Most of them on the same topic. Hope you guys not having FUN(!) at home :D:D





    xyzgc
    01-01 01:30 PM
    I agree partly with what Alisa is saying ..war is definitely not the answer ..hopefully as years pass by (my feeling is atleast 50 years) ...more and more pakistanis will realise that the key to better life is to lead a modern life and become a modern country like malaysia(which has its own faults though).
    on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
    basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action

    And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?

    Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?

    Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.



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