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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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  • Macaca
    05-15 06:05 PM
    Why Worry? It�s Good for You (http://www.nytimes.com/2011/05/15/business/economy/15view.html) By ROBERT H. FRANK | New York Times

    THE late Amos Tversky, a Stanford psychologist and a founding father of behavioral economics, used to say, �My colleagues, they study artificial intelligence; me, I study natural stupidity.�

    In recent decades, behavioral economics has been the economics profession�s runaway growth area. Scholars in this field work largely at the intersection of economics and psychology, and much of their attention has focused on systematic biases in people�s judgments and decisions.

    They point out, for example, that people are particularly inept at predicting how changes in their life circumstances will affect their happiness. Even when the changes are huge � positive or negative � most people adapt much more quickly and completely than they expected.

    Such prediction errors, behavioral economists argue, often lead to faulty decisions. A celebrated example describes an assistant professor at a distinguished university who agonizes for years about whether he will be promoted. Ultimately, his department turns him down. As anticipated, he�s abjectly miserable � but only for a few months. The next year, he�s settled in a new position at a less selective university, and by all available measures is as happy as he�s ever been.

    The ostensible lesson is that if this professor had been acquainted with the relevant evidence, he�d have known that it didn�t make sense to fret about his promotion in the first place � that he would have been happier if he hadn�t. But that�s almost surely the wrong lesson, because failing to fret probably would have made him even less likely to get the promotion. And promotions often matter in ways that have little impact on day-to-day levels of happiness.

    Paradoxically, our prediction errors often lead us to choices that are wisest in hindsight. In such cases, evolutionary biology often provides a clearer guide than cognitive psychology for thinking about why people behave as they do.

    According to Charles Darwin, the motivational structures within the human brain were forged by natural selection over millions of years. In his framework, the brain has evolved not to make us happy, but to motivate actions that help push our DNA into the next round. Much of the time, in fact, the brain accomplishes that by making us unhappy. Anxiety, hunger, fatigue, loneliness, thirst, anger and fear spur action to meet the competitive challenges we face.

    As the late economist Tibor Scitovsky said in �The Joyless Economy,� pleasure is an inherently fleeting emotion, one we experience while escaping from emotionally aversive states. In other words, pleasure is the carrot that provokes us to extricate ourselves from such states, but it almost always fades quickly.

    The human brain was formed by relentless competition in the natural world, so it should be no surprise that we adapt quickly to changes in circumstances. Much of life, after all, is graded on the curve. Someone who remained permanently elated about her first promotion, for example, might find it hard to muster the drive to compete for her next one.

    Emotional pain is fleeting, too. Behavioral economists often note that while people who become physically paralyzed experience the expected emotional devastation immediately after their accidents, they generally bounce back surprisingly quickly. Within six months, many have a daily mix of moods similar to their pre-accident experience.

    This finding is often interpreted to mean that becoming physically disabled isn�t as bad as most people imagine it to be. The evidence, however, strongly argues otherwise. Many paraplegics, for instance, say they�d submit to a mobility-restoring operation even if its mortality risk were 50 percent.

    The point is that when misfortune befalls us, it�s not helpful to mope around endlessly. It�s far better, of course, to adapt as quickly as possible and to make the best of the new circumstances. And that�s roughly what a brain forged by the ruthless pressures of natural selection urges us to do.

    All of this brings us back to our decisions about how hard we should work � choices that have important implications for the lives we are able to lead.

    Most people would love to have a job with interesting, capable colleagues, a high level of autonomy and ample opportunities for creative expression. But only a limited number of such jobs are available � and it�s our fretting that can motivate us to get them.

    Within limits, worry about success causes students to study harder to gain admission to better universities. It makes assistant professors work harder to earn tenure. It leads film makers to strive harder to create the perfect scene, and songwriters to dig deeper for the most pleasing melody. In every domain, people who work harder are more likely to succeed professionally, more likely to make a difference.

    THE anxiety we feel about whether we�ll succeed is evolution�s way of motivating us. And the evidence is clear that most of us don�t look back on our efforts with regret, even if our daily mix of emotions ultimately doesn�t change.

    But evolutionary theory also counsels humility about personal good fortune. As Darwin saw clearly, individual and collective interests don�t always coincide. A good job is an inherently relative concept, and while the person who lands one benefits enormously, her lucky break means that some other equally deserving person didn�t get that job.

    When people work harder, income grows. But much of the spending that comes from extra income just raises the bar that defines adequate. So, from society�s perspective, some of the anxiety over who gets what jobs may be excessive after all. But that�s very different from saying that people shouldn�t worry about succeeding.

    Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University


    Your So-Called Education (http://www.nytimes.com/2011/05/15/opinion/15arum.html) By RICHARD ARUM and JOSIPA ROKSA | New York Times
    Major Delusions (http://www.nytimes.com/2011/05/15/opinion/15Sharot.html) By TALI SHAROT | New York Times
    Personal finance tips for graduates (http://www.washingtonpost.com/business/personal-finance-tips-for-graduates/2011/05/08/AFYfQf3G_story.html) By Michelle Singletary | The Washington Post
    Outlook's Third Annual Spring Cleaning List (http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/) The Washington Post
    Five myths about internships (http://www.washingtonpost.com/opinions/five-myths-about-interns/2011/05/09/AFbWmT2G_story.html) By Ross Perlin | The Washington Post
    When Fear Stifles Initiative (http://www.nytimes.com/2011/05/15/jobs/15pre.html) By ROBERT W. GOLDFARB | New York Times




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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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  • alisa
    01-04 03:21 PM
    I know why you wanted to avoid this dawood Ibrahim. It clearly shows unwillingness for pakistan to take actions on these terrorists.

    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.



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  • pappu
    01-29 09:45 PM
    Yup. Many want to shut the golden door of opportunity behind them after they enter! Few like to help others by pulling them out of the mess they were once in!

    There are several immigration related websites and many of them are run by people who themselves went through difficult retrogression. Now these websites are making lot of money due to the traffic on their sites. None has helped IV with anything. Not even allowing us to post a banner ad on their site!
    If any such person is reading this note or knows someone who runs a website, do contact me if you wish to help this cause.




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  • xyzgc
    12-27 12:00 AM
    In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.

    Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.

    The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.

    The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.

    For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.

    If the war begins, this will be my last post.

    Adios



    As usual, well-said, we are not war mongering. we are not hate mongers.
    I have very similar thoughts but I could not have articulated it so well.

    Respond swiftly and finish it off because people like you and me get a chance to react and think too much.

    Too much thinking, weighing too many pros and cons creates confusion. When you are confused, you don't act. When you don't act, a fresh wave of terrorist attacks comes in. Terrorists are everywhere - temples, hotels, buses, trains - even your senate (parliament). Then you catch some terrorists .

    Ok, so you caught the one that attacked your parliament. There is a clear evidence, yet the questions remain.
    Should I hang them or should I not hang them?
    If I hang them, will they be martyrs? So what should I do with them? Should I feed them dal chawal or should I feel them dal roti? Ok, now Mufti's daughter is kidnapped, so should I release them, should I not release them?

    You still keep scratching your head. What should I do? Should I do this or should I do that? Pakistan is a nuclear power. Gilani keeps chanting that like mantra, what if there is nuclear war? What if it destabilizes the country further? why not let Pakistan die its own death - its a failed state (no sir, it may be a failed state but there are managing to get all the aid in the world, China is helping them, America is helping them, IMF is helping them, Asia Bank is helping them..they are not going to die anytime, they are walking away scot-free but they are slowly killing you, eating your house like termites - wake up and realize that!!)

    If you have roaches in your house or you have vermin in your farms, do you keep thinking what you should do about them? Exterminate them. Does it mean the roaches will go away? Probably not. But you do your job first and raise questions later. If they come in, you kill them again. you do your job and keep doing it.

    Just my opinion.



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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p




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  • m306m
    08-07 03:56 PM
    Political Science for Dummies



    CALIFORNIA CORPORATION
    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.

    This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D

    Keep them coming.



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  • smisachu
    12-28 09:28 PM
    I agree to what you say. But understand that firing a nuke needs more than having one. Our missile shield is pretty good, we have several anti missile defence shields installed all across the border with Pakistan including the Rann of Kutch. Yes they are only tested and not war tested, but so are pakistans wepons. At least our wepons are self produced, paks are purchased chinese crap. I doubt nukes will be used even if there is a conflict.

    As you say we have suffered for 60 years due to terrorism and we need to end it. I am not advocating war but killing all terrorists. India has no interest in Pakistan and has no use for it if we occupy it. I was just highlighting the capacity of our Army not advocating marching to Islamabad. All we need to do is get back POK into our control and eliminate the Terrorists there, revoke article 370 and assimilate Kashmir and kashmiris into rest of India and vice versa.

    Listen as some one who has lost a cousin in Kargil and an uncle in 71 war and with 3 cousins still serving in the force , I know the pain of war closer than you might think. Thats why I want to end it once and for all. Do you know, a Jawan is killed due to COLD in siachen glazier every week and this is a place we dont have to put our boys on through the winter, but we do just because if we dont Pak will occupy our post come Summer.
    We need to kill terrorists and let modren pakistanis to gain control of the country, until this is done this problem will not go away for India or the US or anyone else.

    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.




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  • Refugee_New
    01-06 02:14 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..

    Its another form of supporting state sponsored terrorism. Do you think people go and seek refuge in schools? Its what these biased media feed us and this is what we consume.

    This is how they justify their killing of innocent school kids and civilians. They don't even spare kids. Shame on us who try to justify the killing.

    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?



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  • hopefulgc
    07-13 12:58 PM
    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.




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  • reedandbamboo
    10-01 09:15 PM
    With all the uncertainties shrouding legal employment-based immigration reform (accompanied by talk of CIR) I've been looking into other high-skilled-immigrant-friendly countries.

    Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.



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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.




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  • sumanitha
    12-29 05:03 PM
    This thread didnt had activity for the past 4 days.

    Why did you bring it into limelight by asking it to delete? :D



    It has no relevance in an immigration related forum
    kris



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  • kaisersose
    04-14 11:10 AM
    Most of the posts here are not relevant to the original topic of the thread – buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.




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  • pvadiga
    09-30 09:26 AM
    Well, this entire process of green card is being made so complicated for people who have education and constatly supporting the economy of this country. Illegal Immigrants are getting a cake walk

    I came to U.S in August 2000, completed my Master's and with great difficulty of H1b sponsorship found a job for my qualification in Aerospace Industry. Though I had Master's and was eligible for EB2, my employer disagreed because they had to pay more. I started my EB3 process in Nov 2006 and filed for I-485 in July 2007 in the confusion. I fwas orced to switch job in Feb 2008 and had filed AC21. My I-140 got approved in Apr 2008. Due to the death of my father in Sep 08, I had to travel to India. I attended my H1b interviw on 18th Sep and still waiting for my Passport. There is some unexpected delay due to migration in system. I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    My Struggle has been never ending for the past 8 years though I am contributing towards the progress of this country economically a tax payer and intellectualy as an Aerospace Engineer

    We need to fight for this cause and voice our concern, which is in the benefit of both us and U.S



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  • unitednations
    03-26 02:52 PM
    Where is this ace technology, and I wonder if it's a small firm...

    it wasn't a small firm.




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  • Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.




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  • Macaca
    10-14 11:06 AM
    Getting Around Rules on Lobbying: Despite New Law, Firms Find Ways To Ply Politicians (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/13/AR2007101301275.html?hpid=topnews) By Elizabeth Williamson | Washington Post Staff Writer, October 14, 2007

    In recent days, about 100 members of Congress and hundreds of Hill staffers attended two black-tie galas, many of them as guests of corporations and lobbyists that paid as much as $2,500 per ticket.

    Because accepting such gifts from special interests is now illegal, the companies did not hand the tickets directly to lawmakers or staffers. Instead, the companies donated the tickets back to the charity sponsors, with the names of recipients they wanted to see and sit with at the galas.

    The arrangement was one of the most visible efforts, but hardly the only one, to get around new rules passed by Congress this summer limiting meals, travel, gifts and campaign contributions from lobbyists and companies that employ them.

    Last week, Senate Majority Leader Harry M. Reid (D-Nev.) and Republican leader Mitch McConnell (Ky.) found bipartisan agreement on maintaining one special privilege. Together they put language into a defense appropriations bill that would keep legal the practice of some senators of booking several flights on days they return home, keeping the most convenient reservation and dumping the rest without paying cancellation fees -- a practice some airlines say could violate the new law.

    Senators also have granted themselves a grace period on requirements that they pay pricey charter rates for private jet travel. Lobbyists continue to bundle political contributions to lawmakers but are now making sure the totals do not trigger new public reporting rules. And with presidential nominating conventions coming next summer, lawmakers and lobbyists are working together to save another tradition endangered by the new rules: the convention party feting one lawmaker.

    "You can't have a party honoring a specific member. It's clear to me -- but it's not clear to everybody," said Barbara Boxer (D-Calif.), chairman of the Senate ethics committee. She said the committee is getting "these questions that surround the edges -- 'If it's midnight the night before,' 'If I wear one shoe and not the other.' "

    Democrats touted the new ethics law as the most thorough housecleaning since Watergate, and needed after a host of scandals during 12 years of Republican rule. Prompted by disgraced lobbyist Jack Abramoff's wheeling and dealing and the jailing of three members of Congress on corruption charges in recent years, the law, signed by President Bush on Sept. 14, was heralded by congressional leaders as a real change in Washington's influence game.

    But the changes have prompted anxiety about what perks are still permissible. In recent months, the House and Senate ethics committees have fielded more than 1,000 questions from lobbyists and congressional staffers seeking guidance -- or an outright waiver -- for rules banning weekend trips and pricey wedding gifts, five-course dinners and backstage passes.

    Looking for ways to keep spreading freebies legally, hundreds of lobbyists have been attending seminars at Washington law firms to learn the ins and outs of the new law.

    At a recent American League of Lobbyists briefing, Cleta Mitchell of the Foley & Lardner law firm said that while the law bans lobbyists from buying lawmakers or staffers a meal, it is silent on picking up bar tabs. A woman in the third row asked hopefully, "You can buy them as many drinks as you want, as often as you want?"

    No, Mitchell said, not unless the drinkers are the lobbyist's personal friends, and she pays from her own pocket.

    If that rule was clear to some, two charity dinners allowed hazier interpretations.

    Most of the 40 lawmakers dining on red snapper ceviche and beef tenderloin at the recent Hispanic Caucus Institute gala at the Washington Convention Center got their tickets from corporations, said Paul Brathwaite, a principal with the Podesta Group lobbying firm.

    Brathwaite said about a dozen of Podesta's corporate clients bought tables of 10 for $5,000 to $25,000 for the Hispanic dinner and the Congressional Black Caucus Foundation gala over the past three weeks. The companies then gave the tickets back to the foundations -- along with lists of lawmakers and staff members they wanted to invite. Some lawmakers did buy their own tickets, Brathwaite said, but many did not.

    The rules require that charity sponsors do the inviting and decide who sits where. But "at the end of the night, everyone is happy," said Hispanic Caucus Institute spokesman Scott Gunderson Rosa.

    "The corporate folks want us at their tables, of course," said Rep. Raul M. Grijalva (D-Ariz.), who sat at a Fannie Mae-sponsored table at the Hispanic dinner.

    Another provision of the new ethics law bans House members from flying on corporate jets. But senators, including the half-dozen presidential candidates among them, can still do so. Previously they were required to reimburse plane owners the equivalent of a first-class ticket, but now they must pay charter rates, which can increase travel costs tenfold.

    The Senate ethics committee decided not to enforce that rule for at least 60 days after it took effect Sept. 14, citing "the lack of experience in many offices in determining 'charter rates.' "

    The decision surprised some Senate staffers, Mitchell said, one of whom e-mailed her to say, "Welcome to the world of skirting around the rules we pass."

    "Breathtaking. . . . In my view, they're not complying with the plain language of the law," Mitchell said. "I think it should be easier for members of Congress to travel, not harder. But what I don't appreciate as a citizen is Congress passing something but then interpreting it so it doesn't mean what the law clearly says."

    The law has dragged into view several such perks that members long enjoyed but didn't reveal -- until they sought exemptions to the new rules.

    Lawmakers for years have booked several flights for a day when they plan to leave town. When they finish work, they take the most convenient flight and cancel the rest without paying fees, a privilege denied others. But after the new law passed, some airlines stopped the practice, worried that it violates the gift ban.

    Sens. Dianne Feinstein (D-Calif.) and Robert F. Bennett (R-Utah) appealed to the Senate ethics committee to allow multiple bookings. Then Reid and McConnell added language to the defense bill that, if it passes, would extend the perk to staffers, too.

    New bans on corporate-paid fun could hit hardest at the 2008 presidential nominating conventions. The law prohibits parties honoring a lawmaker on convention days; some lobbyists say the wording means such parties before or after those days are okay. House and Senate members have asked the ethics committees for guidance.

    "That's one of the issues that's going to need some clarification," said Senate ethics panelist Ken Salazar (D-Colo.), whose home state will host the Democrats in August.

    Meanwhile, lobbyists are booking up Denver's trendy warehouse district and Minnesota's Mall of America, near the GOP convention site in Minneapolis-St. Paul, for the pre-convention weekends. Host committees for both conventions say they will honor state delegations, including members of Congress who take part.

    "I think you'll see a lot of umbrella invitations," said Patrick Murphy, lobbyist for mCapitol Management, who is planning Democratic convention parties. "Invite 'Friends of Montana' and see who shows up."

    One of the most fought-over parts of the law requires that lobbyists who bundle multiple campaign contributions totaling more than $15,000 file reports every six months. But lawyers say that a fundraiser for Hillary Rodham Clinton signals a way to avoid public reporting when that rule kicks in Jan. 1.

    Female politicos have been e-mailing each other a slick online invitation to "Make History With Hillary," a summit and fundraiser on Wednesday. The invitation encourages women to bundle for Clinton by promising them online credit for each ticket they sell. Women who have already donated their legal individual limit of $2,300 cannot attend unless they bring in another $4,000.

    "It's a universe of junior bundlers under the radar screen," said Kenneth Gross, a campaign finance lawyer at Skadden, Arps, Slate, Meagher & Flom. For the lobbyists among them, the amounts are so small that "you don't have to worry about tracking them, and it would add up to a material sum over time" -- but less than the $15,000 limit.

    If a lobbyist asked his advice on the practice, Gross said, "I'd say 'Go for it.' "




    chanduv23
    05-17 06:31 AM
    For folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

    You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
    Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
    If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
    Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

    Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.




    nogc_noproblem
    08-05 02:10 PM
    When a physician remarked on a new patient's extraordinarily ruddy complexion...

    ... he said, "High blood pressure, Doc. It comes from my family."

    "Your mother's side or your father's?" I asked.

    "Neither," he replied. "It's from my wife's family."

    "Oh, come now," I said. "How could your wife's family give you high blood pressure?"

    He sighed. "You oughta meet 'em sometime, Doc!"



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