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Thursday, June 30, 2011

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  • yabadaba
    08-11 08:24 AM

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate

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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.

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  • minimalist
    08-06 11:46 AM
    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.

    Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.

    Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
    EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
    So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
    Don't try to spread such inferiority complex.

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  • HawaldarNaik
    12-26 08:44 PM
    However crude the last statement may sound, it is very effective and 2 the point.
    I now beilive that some world powers are willing to work to gether to get this 'headache' resolved in some way (as most of them have now been bit by it one way or the other....though they were first sympathetic to the cause blah they have been have woken up)
    one thing is certain as i specified above, we have to make sure that we put an end to this..and SOON.....otherwise the horror has just begun and they will really be encouraged to attack again...and this time it could be much worse (as u have seen it has progressively got worse) time is running out...
    Even if we target the terror camps, i think most of the world powers will not raise a hue and cry...... for that i must say hats off to our chief ('sardar'...means chief), he has really handled this with a lot of calm and composure at the same time the world intelligence agencies to come down and validate what we have all along been saying.....and making the whole investigation transparent to the global powers.......NOW it is the time to act....and NAIL it to the opposite camp.........

    And i used to think he was the best finance minister we had....he has proved me wrong cause he could just end up being the best finance cum prime miinister for me


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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

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  • Macaca
    05-09 05:50 PM
    China’s America Obsession
    Why Osama bin Laden's death is making Chinese leaders nervous. (
    By JOHN LEE | Foreign Policy

    In Thursday's edition of China's Communist Party-owned Global Times newspaper, the lead editorial was headlined, "After Bin Laden, will China become US's foe?" Hoping that economic integration would defuse "right-wing paranoia" about China in the United States, the editorial nevertheless concluded: "The rise of China is certain to cause friction" in America. On Friday, the paper led with an editorial that referenced an interview I had given the Global Times in late April to admit that "China could be the loneliest rising power in world history."

    Of course, editorials in state-owned newspapers do not always mirror the Communist Party's thinking or policies. But in this case, these two editorials remind us of two related points about Beijing's worldview. First, China respects and even fears the United States more than the vast majority of Americans probably realize. And second, China's sense of isolation is not an act but acute and real -- and Osama bin Laden's death will only accelerate America's reengagement with its Asian allies and partners at China's expense.

    When Washington shifted its focus toward terrorism and the Middle East after the September 11 attacks in 2001, Beijing experienced genuine relief. As China's leaders and strategists came to believe, an America distracted by two wars and a weak economy presented a priceless window of opportunity for China to extend its influence in Asia and beyond. But Beijing realizes that Washington's strategic attention will eventually turn eastwards, and the death of bin Laden is one small but significant step in hastening the arrival of that day. As one prominent Chinese Academy of Social Sciences (CASS) analyst put it to me recently, the American "spearhead will soon be pointed at Beijing."

    China's focus on America is obsessive and omnipresent among its leaders and strategists. In a study of 100 recent articles by leading academics at CASS, comprising the network of official state-backed think-tanks and institutes throughout the country, I found that about four in every five were about the United States -- whether it was seeking to understand the American system and political values, or describing how to limit, circumvent, bind, or otherwise reduce American power and influence. Of these themes, several emerged that help better understand the thinking behind editorials like the one in the Global Times.

    One is that Beijing views international politics in broadly neorealist terms. Chinese strategists believe the distribution of power in the world today will determine tomorrow's conflicts. China has long seen building competition between itself and America in particular as the inevitable and defining big-picture strategic play. In Beijing's thinking, tension can be managed, but never resolved, between the established power and the emerging one. Tension is a structural inevitability.

    But Chinese experts also view America as a unique superpower that relentlessly seeks not only to build and maintain its power, but also to spread its democratic values. This is of grave concern to the authoritarian Chinese leaders, because they believe that America will have difficulty accepting a greater leadership role for Beijing so long as Communist Party remains exclusively in power. Senator John McCain's "League of Democracies" might never become a formal reality, but Beijing believes that it already exists, at least in Asia, through democracies such as India, Japan, and South Korea.

    Moreover, Beijing fears the American democratic process. While Americans view democracy as an advantage since it can offer United States an institutional and bloodless process for leadership and policy renewal, China views American democracy as a source of irrationality and unpredictability. Many in Beijing, pointing to President George W. Bush's rapid decisions to go to war in Afghanistan and Iraq after 9/11, believe a new administration might actually increase the chances of uncomfortable shifts in policy that will lead Washington to suddenly focus its competitive and hostile gaze to the east.

    Some of Beijing's strategists now even argue that the United States has three advantages over China that will help preserve American strategic primacy in Asia.

    First, the United States has built an order based not just on American power but also democratic community. It has not escaped Beijing that few countries in East and Southeast Asia fear India's democratic rise. Whereas India's ascent is seen as natural, predictable, and welcomed, almost every country in Asia is trying to benefit from China's economic success while strategically hedging against Chinese military power by moving even closer to the United States. (Witness the recent speech by Australian Prime Minister Julia Gillard to Congress in which she reaffirmed the alliance with America as the bedrock of Canberra's security strategy, or Singapore's leader Lee Hsien Loong urging America to remain engaged in Asia.)

    Second, unlike China, America does not have land and territorial disputes with other Asian states. For example, China still claims around 80 percent of the South China Sea as its "historic waters" and is in an ongoing dispute with India over the eastern-most Indian state of Arunachal Pradesh. In this sense, China's rise is inherently disruptive since a more powerful China is likely to demand a resolution to these issues that is in Beijing's favor.

    Third, the United States is not a resident power in that it is not geographically in Asia. China now realizes that this simple fact, once seen as a handicap, instead presents America with a unique advantage. To maintain its military bases in the region and thus remain the pre-eminent strategic power in Asia, the United States requires other key states and regional groupings to acquiesce to its security role and relationships. There is broad-based regional approval of U.S. alliances with Australia, Japan, and South Korea, as well as with partners such as India, the Philippines, Singapore, and Thailand. This interdependent relationship means that America is not so powerful that it can easily ignore the wishes of Asian states.

    In contrast, if China were in the dominant strategic position, its pre-eminence would be much harder to challenge or shift. Beijing would not need the same level of regional acquiescence. As a resident power, China would not need the "approval" of other Asian states to maintain its military footholds. As the largest Asian power, it would be easier to dominate regional institutions without an American presence -- yet one more reason why America is trusted to provide the public and security goods in Asian sea lanes while China is not.

    All this is why, instead of taking full advantage of America's terrorism obsession, Beijing has watched resentfully as the United States has built a hierarchical democratic order in which Asian states willingly aid in preserving American pre-eminence. In such an order, China remains a strategic loner in Asia, with Myanmar and North Korea as its only true friends.

    China is well aware of its relative vulnerabilities. Rather than lament the irretrievable loss of its better days, America should learn to better appreciate its relative strengths.

    John Lee is research fellow at the Centre for Independent Studies in Sydney and the Hudson Institute in Washington, D.C. He is author of Will China Fail?

    U.S.-China Talks: What to Look for ( By Elizabeth C. Economy | Council on Foreign Relations
    Security and U.S.-Sino Scientific Collaboration ( By Adam Segal | Council on Foreign Relations
    US, China vie for influence among Indonesian riches ( By Sara Schonhardt | Asia Times
    As China Invests, U.S. Could Lose ( By DAVID BARBOZA | New York Times
    China Invests Overseas ( Asia Sentinel
    Is the Asian century a dream or reality? ( By Haruhiko Kuroda | Jakarta Post
    A Future Scenario for Asia ( By Philip Bowring | Asia Sentinel
    Japan, After March 11
    The country, resilient as ever, remains Asia’s true power. (
    By Guy Sorman | City Journal


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  • thepaew
    09-29 04:58 PM
    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world's cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they are capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.

    By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.

    I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.

    I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.

    Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.

    P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.

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  • Rayyan
    01-07 11:07 AM


    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)


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  • vghc
    01-06 06:22 PM
    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.

    Then why don't you quit your job not and fly over there to help them?
    Voicing your opinions here won't make them feel any safer.
    The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.

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  • unitednations
    07-19 02:07 PM
    It looks like this thread has really started to make peope think of the "status issues".

    A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.

    Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.

    attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.

    You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).

    Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.

    This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.


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  • Macaca
    12-30 08:20 AM
    2007: Democrats in Control, but Thwarted ( By LAURIE KELLMAN | Associated Press, Dec 30, 2007

    WASHINGTON -- It's a painful irony for Democrats: In the space of a year, the Iraq war that was the source of party's resurgence in Congress became the measure of its impotence.

    By the end of the 2007, a Congress controlled by Democrats for the first time since 1994 had an approval rating of only 25 percent, down from 40 percent last spring. Then the debate over the war split the party and cast shadows over other issues, spawning a series of legislative failures and losing confrontations with President Bush.

    What to do about Iraq has turned into a dissing match so far-reaching and nasty that Congress's accomplishments are seen, even by some who run it, through the lens of their failure to override Bush and start bringing the troops home.

    "There is no question that the war in Iraq has eclipsed much of what we have done," House Speaker Nancy Pelosi told reporters. "If you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    It's not as if the new Democrat-controlled Congress did nothing during 2007.

    It gave the nation's lowest paid workers their first raise in a decade, raising the minimum wage from $5.15 to $5.85 an hour in July. It will rise to $7.25 an hour in 2009.

    Congress also cut in half the interest rates on federal student loans and boosted annual Pell grants for post high-school education by $260 to $4,310 in July, rising to $5,400 for the 2012-2013 school year. Bush signed the bill after initially threatening to veto it.

    And just before Congress turned out the lights for the year on Dec. 19, Bush signed into law a sweeping new energy policy that requires automakers to achieve an industrywide average fuel efficiency for cars, SUVs and small trucks of 35 miles per gallon by 2020, a 40 percent jump. Some analysts said the new law will render gas guzzlers relics of the past and make farmers rivals of oil companies in producing motor fuels.

    "All of us deserve credit for getting some things done," Bush said in his year-end news conference, insisting that he doesn't keep score.

    But on the eve of an election year with the presidency and control of Congress at stake, many others do.

    In the year's firmest push-back against the Bush administration, Congress for the first time overrode one of Bush's vetoes, on a $23 billion bill for restoring hurricane-ravaged wetlands along the Gulf Coast and other water projects. The president had protested it was filled with unnecessary projects, but 34 Senate Republicans defied him.

    Democrats scored other political victories as well. Most significantly, a Democrat-led investigation revealed a troubled Justice Department and forced Alberto Gonzales, a longtime presidential friend, from the attorney general's office. Democrats also played a big role in selecting his successor, Michael Mukasey.

    But the story of Congress in 2007 is more about what it failed to accomplish during a war that the public opposes and that Democrats had vowed _ but did not _ to end.

    On that, they found themselves repeatedly outmaneuvered, unable to break bill-killing GOP filibusters with 60 votes in a Senate where Democrats held only what effectively is a 51-49 majority.

    Plans to expand health care for 10 million children stalled. And a fragile compromise put together by Bush and liberal Democrats to provide a path to citizenship for millions of immigrants buckled with only lukewarm support from all sides.

    Perhaps the most bitter pill came toward the end of the year. Democrats were forced to acknowledge that the decrease in violence in Iraq might mean that Bush's much-criticized surge buildup of troops was working.

    Simultaneously, they found themselves on the defensive against Republican charges that they squandered time on the war that could have been spent getting agency budgets passed on time. As usual, what has become an annual fix to the tax code to save 20 million families an average $2,000 in extra taxes was put off until the final days before Christmas.

    Predictably, Democrats and Republicans blamed each other.

    Majority Leader Harry Reid called Bush's "stubbornness" and Republicans' filibuster threats "obstruction on steroids."

    Republicans suggested Democrats could have accomplished big reforms on Social Security and immigration _ or even just speedy passage of the federal budget _ had it been in their election-year interests.

    "I just don't think the new majority wanted to do anything significant," said Senate Republican Leader Mitch McConnell of Kentucky.

    By most accounts, the window for accomplishing broad new reforms was quickly closing as the nation's political machinery rumbled into position for the 2008 presidential and congressional elections. On the ballot will be all 435 House seats and 35 of the 100 seats in the Senate.

    At stake is a wider Democratic majority, big enough to govern. A cascade of retirements by Republicans in the Senate made that goal achievable. Democrats hoped gain seats in the House, as well.

    So they labored to tout what they had accomplished in the majority. They suggested that what failed this year might pass with more Democrats elected next year.

    Bush has signed into law other initiatives of the Democratic-led Congress, such as $3 billion in funding for Louisiana's Road Home program to rebuild housing stock destroyed by Hurricane Katrina.

    Procedural and institutional reforms became law as well, such as changes in ethics and lobbying rules.

    Behind the scenes, Democrats and their aides debated which fights to pick next year with a lame duck president. Most likely, they said: the children's health care bill.

    Immigration reform, however, appears dead until the new Congress takes its seats in 2009.

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  • Refugee_New
    01-06 04:08 PM
    Alright dude, you asked for it. Here it is .

    Mosque :

    School :

    If you think, that Hamas is not doing a terrorist attack and endangering innocent civilians by their own actions, you are incredibly naive.

    I am interested in a peaceful solution and free state for Palestine, but this won't happen until Hamas is there. They used the agreed ceasefire to smuggle weapons through their tunnels and are now using them to bomb Israeli civilans.

    Israel's response is much more in magnitude, but can be justified. Imagine someone constantly lobbing bombs into Delhi neighborhoods every other day. How long would you sit and watch? At some point, you need to take action to remedy the problem and also send a message to the guys responsible not to try this again.

    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.

    Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.


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  • purgan
    04-06 11:03 PM
    I don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...

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  • smisachu
    07-14 11:04 PM
    We need to concentrate our efforts in achieving relief for everyone in the EB community whether they are EB1/2/3 India/China or ROW. This infighting or dispersed efforts will not yield any results.

    We should all strive for the passage of the 3 Lofgren Bills. Please contact your state chapter and help IV channel our efforts where it could be effective.

    One observation: I am seeing a lot of individual efforts by many folks. I did not see their participation when we were trying for passage of the 3 bills through letter campaigns and phone campaigns.
    Well at least you have woken up now...I will not complain.

    Let us focus our efforts and get permanent fix instead of some temporary move by a screwed up system which at the end of each FY bumps up numbers in a one upmanship between DOS and USCIS. We all are caught in the middle and suffer.

    My request to all the people re energized, we could really use your help in working on the lobbying efforts. Please contact your state lead as the issue cannot be posted on open IV forms.


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  • 485Mbe4001
    07-14 03:16 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.

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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers

    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.


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  • Macaca
    10-02 11:02 AM
    As China Opens, U.S. Lobbyists Get Ready to Move In ( By Ariana Eunjung Cha | Washington Post Foreign Service, October 2, 2007

    BEIJING -- It's almost 8 a.m., and former U.S. commerce secretary Donald L. Evans and his team are standing in front of the St. Regis Hotel, preparing for their day of meetings with Chinese finance officials.

    Small but meaningful gifts in Tiffany's signature baby-blue boxes? Check. Briefing books with the pronunciation of everyone's names? Check. Black Audi A6s to whisk the group to the meetings? Check.

    Evans was in town representing the Financial Services Forum, which is made up of chief executives of 20 multinational banks. His goal was to convince Chinese regulators that opening their financial sector to more foreign investment would be good for China's economy.

    Armies of lobbyists are descending on the Chinese capital in anticipation of the 17th Communist Party Congress beginning in mid-October. The gathering will choose a new generation of leaders, setting the political agenda for the next five years.

    But the dark-suited Western lobbyists are an odd spectacle given that in China, policy and legislative decisions are still made behind closed doors. Lobbying exists in a gray area; because there are no laws specifically pertaining to it, it isn't even supposed to exist.

    Nevertheless, some of Washington's marquee lobbying firms -- including Jones Day, Hogan & Hartson, DLA Piper and Akin Gump Strauss Hauer & Feld -- have set up offices in China. Officially, they are just investment advisory and communications firms. Chinese companies mostly work through government-affiliated industry associations, although some have also hired Western-style lobbying firms.

    In June, foreign companies successfully lobbied Chinese officials to remove conditions on hiring temporary workers in a new labor law that they said would make it prohibitively expensive to do business in China. Likewise in August, they were able persuade China to remove some language in early drafts of the anti-monopoly law that seemed to discriminate against foreign companies, according to Chinese and foreign academics.

    The Chinese government has said it took input from domestic and foreign interests into account but has not been specific.

    Foreign companies are interested in what happens in China, as its economy is becoming the world's third-largest as well as a capitalist instead of planned one. There's concern that the legal framework for business that China's legislators are writing today could affect the fate of multinational businesses for decades.

    Evans said that the degree to which Chinese officials are interested in hearing foreign perspectives on business issues has increased dramatically. In the past, he said, he would go into government meetings and recite a set of bullet points, and the meeting would end. These days, he said, there's real discussion and debate.

    "They are very proactive in wanting to engage and share with the business community," Evans said.

    Scott Kennedy, director of the Research Center for Chinese Politics and Business at Indiana University and author of "The Business of Lobbying in China," said that as recently as a few years ago foreign companies would grumble that they heard about new policies only after they were announced.

    "That is increasingly no longer the case. Today, even if they don't agree with the final result, they know it's on the horizon," Kennedy said.

    But China's laws have been slow to respond to the influx of lobbyists seeking to take advantage of the closer ties. Zhao Kejin, an associate professor at Shanghai's Fudan University who studies government-business relations and has written a book on lobbying in China, argues that because lobbyists do not need to register or file disclosure forms, the system is vulnerable to abuse.

    "There is lots of lobbying money flowing to individual officials' pockets," Zhao said. In addition to straight-up bribery, some lobbying firms keep friends of high-placed officials on the payroll or pay for officials to take luxury "training" trips abroad.

    In 2004, Lucent Technologies fired four executives who were part of its Chinese operations for violating the U.S. Foreign Corrupt Practices Act, which prohibits bribing foreign government officials and politicians. Last November, a U.S. software maker, Fidelity National Information Services, was accused of paying for luxury vacations for Chinese banking officials and their families in places such as Rome and Las Vegas. Fidelity has denied the charges.

    Lobbying is not only less of an institution in China than it is in the United States, but the people being lobbied are different.

    For instance, Murray King, head of the Shanghai office of APCO Worldwide, one of the oldest government relations firms operating in China, said that Chinese academics are among the key players that companies should reach out to. The most important members of that group are those who work with the think tanks affiliated with various state ministries, because they play an important role in the drafting of legislation.

    Another crucial part of high-profile lobbying efforts are "guanxi brokers," well-connected individuals who can give introductions to important officials, or "rainmakers," people who are so famous that many Chinese officials might be happy to meet and shake hands.

    "Because China is a country that respects authority, former politicians of the United States, when they come to China, can always play a very important role," said Steven Dong, a Tsinghua University public relations professor who studies the reputations of corporations.

    A former U.S. official will almost always be greeted by a Chinese official of the same rank, Dong said.

    Former officials with star power in China include Henry Kissinger, probably the most sought-after because of the role he played in establishing diplomatic relations with the Communist Party during the Nixon administration. Former Federal Communications Commission chairman Reed Hundt, who routinely visits China on behalf of Silicon Valley companies to talk about opening up China's Internet and telecommunications sector, is also a regular in the halls of Chinese ministries. Gary Locke, a former governor of Washington whose consulting firm represents Microsoft and Starbucks, is celebrated for being the first Chinese American governor and is so well known that school girls run up to him to take his picture.

    Evans, who was commerce secretary from 2001 to 2004, has been working for the Financial Services Forum since 2005. This was his second trip to China on behalf of the group.

    Evans was received by the Chinese government this month with all the pomp and circumstance of a state visit.

    His schedule, which included all key financial ministries and regulators, was almost identical to that of Treasury Secretary Henry M. Paulson Jr. during his visit in July. Evans even had a private diner with Vice Premier Wu Yi.

    There was lobbying on both sides.

    Jiang Jianqing, chairman of the state-owned Industrial and Commercial Bank of China, a rank similar to that of minister, pummeled Evans with questions about the subprime lending crisis and trade protectionism in Congress. ICBC has recently been ranked the second- or third-largest bank in the world by market capitalization.

    Evans said the Chinese must make sure that U.S. legislators understand they are open to foreign investment. He said it's important for the Chinese to make sure the U.S. government understands "your view as an important trader, to make sure they understand your commitment to moving your economy toward an ultimate market economy."

    The total foreign ownership in a Chinese bank cannot exceed 25 percent. But even as Evans began to lay out his case for why China should raise or do away with foreign ownership caps for banking, securities and insurance firms, Jiang took the opportunity to point out his frustration that his bank's application to open a single branch in the United States has not been approved, while U.S. banks, including some that Evans represents, already have significant operations in China.

    Evans said he'd be happy to look into the holdup.

    Near the end of the one-hour meeting, the two turned to a less-tense topic: the development of China's countryside. Evans talked about his visits to western China, where he met two blind brothers with whom he has kept in touch, and how much their lives had changed over the years. Jiang said he, too, was concerned about bridging the gap between the rich and the poor in China.

    The two men smiled and shook hands. That was considered progress.

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  • krishnam70
    03-26 08:17 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..


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  • mbartosik
    04-09 01:50 AM
    I cannot remember what FHA is. If it is what I'm guessing, then my income would have been too high anyway. Basically the broker found something that I liked, in the end I paid less than most US citizens pay, but that was because I took an 5 ARM and was happy for it to adjust where as most take a 30 year fixed. I worked the mortgage system to my advantage, more to do with personal finance than immigration status.

    My basic points are be knowledgeable in the mortgage technical details, and a broker should be able to find you something good assuming you have good credit and deposit. Only put people with SSN on mortgage. If you use the seller's realtor (after agreeing price terms etc) to find mortgage (if they are licensed, and legal in your state) then they may work double hard because they lose double if it don't work, but be aware of the conflict of interest, understand all technical details, and make deposits if any contingent on something you like (not just mortgage acceptance -- otherwise you could be 'accepted' for at a 10% APR). You are the boss not them. Since you may be more vulnerable to job prospects, factor that into the about of debt you are prepared to accept -- all personal finance more than immigration.

    You might also like to consider independently getting a valuation and inspection of the property, paid for by you directly, not via mortgage application. I am more bothered in conflict of interest there. But in my case I knew mortgage finance inside out after my research, but knew less about home inspections and valuations.

    My experience is that finance industry here knows little about GC, H1, AOS, etc. they care about credit score, SSN, deposit, employment/salary verification, state ID (maybe), and their commission. Do not handicap yourself.

    09-26 10:02 AM
    I dont consider myself pessimist just a realist. Take a long hard ( cold) look at the facts, try to read in between the lines you will end up being concerned & discouraged just like Chanduv23 and some others on the forum.
    If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?

    07-14 04:38 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack

    Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

    Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

    Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

    Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

    This shows nature,when own kind dont respect others neither will outsider.

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