Thursday, June 30, 2011

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  • Macaca
    12-30 06:57 PM
    A Bridge to a Love for Democracy (http://www.nytimes.com/2010/12/30/us/30iht-letter30.html) By RICHARD BERNSTEIN | New York Times

    I write this, my last �Letter from America,� looking out my window at my snowy Brooklyn neighborhood. It�s midmorning Wednesday, three days after our Christmas weekend blizzard, and my street has yet to receive the benefit of a snowplow.

    Cars, as the prize-winning novelist Saul Bellow once put it, are impounded by the drifts. The city is still partly paralyzed, pleasantly, in a way. There�s nothing like a heavy snowfall to give one a bit of a respite, to turn the ordinary, like walking to the corner store, into a little adventure. And there�s the countrylike stillness of this city block filled with snow, absent the usual traffic.

    It seems a good moment, in other words, to pause and reflect. My thoughts turn to a very unsnowy moment in 1972 in a village called Lowu, which was the last village in the Crown Colony of Hong Kong just before the border with China. I was a graduate student in Chinese history and a stringer for The Washington Post going to the territory of Chairman Mao for the first time in my life.

    There was a short trestle bridge at Lowu. I�ve often wondered if it�s still there. The Union Jack flew at one side, the red flag of the People�s Republic of China at the other. The border town on the other side was a little fishing and farming village called Shenzhen, now a modern city of skyscrapers and shopping malls, an emblem of China�s amazing economic development.

    I was favorably disposed toward China as I strode across the bridge, ready to experience the radical egalitarianism of the Maoist revolution, which was generally viewed with favor among American graduate students specializing in China. I was a member of a group, moreover, that partook of a certain leftist orthodoxy. We had learned the �Internationale� so we could sing it for our revolutionary hosts. We were supposed to return to America and report the truth about China, which was, essentially, that it was the future and it worked.

    But it took only about 24 hours on that first journey to China for me utterly to change my mind and, indeed, to become a lifelong anti-Communist and devotee of liberal democracy, to find great wisdom in Winston Churchill�s dictum about its being the worst of all systems except for all the others.

    The noxious cult of personality around Mao was the first thing that effected my political transformation. But deeper than that was the pervasive odor of orthodoxy, the uniformity of it all, the mandatory pious declarations, which, if they were believed, were ridiculous, and, if they were forced, illustrated the terror of it all.

    Many of my American fellow travelers felt very differently about this. In my intense discomfort, I found myself in a sort of Menshevik minority, criticized by the majority for what I remember one person calling my �Darkness at Noon� mentality.

    Still, that discomfort, and the unwillingness of most of the others to experience it, has informed my work as a journalist ever since. I have to admit it: When I went to China as a correspondent for Time magazine seven years after that first trip, my impulse was not so much to look with fresh and impartial eyes on a country that had just opened up to a degree of foreign inspection as it was to expose what I felt many Americans were missing in those rhapsodic days. Namely, that the country under Mao and after belonged to the 20th-century totalitarian mainstream � that it was a poverty-stricken police state and not a viable alternative to Western ways.

    There was a degree of bias in this view, and it led me into some mistakes. On China, in particular, I was perhaps focused too single-mindedly on its totalitarian elements so that I underplayed other elements, notably the speed of change in China, and perhaps even the unsuitableness of many Western democratic ways for a country so essentially backward.

    And perhaps, too, I extrapolated a bit too much from the China experience when it came to other places and other times. When I covered academic life in the United States, for example, I tended to see vicious Maoist Red Guards in the phenomenon of what came to be called political correctness, and, while I don�t think this was entirely wrong, it was an exaggeration.

    And yet, it seems appropriate in this final column to say, as well, that my nearly 40 years in the journalism game haven�t shaken me from the essential belief that formed during that first, memorable visit to China.

    Ever since, despite all our infuriating faults, our wastefulness, our occasional self-satisfied sluggishness, our proneness to demagogy and other forms of anti-intellectualism, our crumbling infrastructure, the Fox News channel, the cult of Sarah Palin, the narcissistic self-indulgence of our urban elites, the detention center in Guant�namo Bay and our crisis-creating greed and shortsightedness � despite all that � I continue to believe that, not to put too fine a point on it, we�re better than they are.

    This doesn�t mean that I think we�re perfect, or that our impulse toward a kind of benevolent imperialism has always had benevolent results. But I have stuck for 40 years to a belief that, yes, our ways are superior � and by our ways I mean such things often taken for granted as a free press, strong civil institutions, an independent judiciary and, perhaps above all, the belief that the powers of the state need to be restrained, and that the institutions of government exist to serve the individual, not the other way around.

    The essential difference with China, even the much-changed China of today, and most of the other non-Western political cultures, is the absence of this sense of restraint, and the primacy of the collective over the individual.

    That�s the idea that I was actually groping toward when I crossed the bridge at Lowu. It�s the idea that I want to end with here on this snowy day in New York in my final sentence on this page. Goodbye.





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  • gcgreen
    08-06 02:16 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)

    I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.

    Note that I have no personal gain from any of the above happening. :)





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  • srikondoji
    08-14 09:11 AM
    On TV, when someone barks without any research backing it up, there is no one to counter him.

    Only few shows have a chance to counter, but again the anchor is so smart that he will make sure that his guest receives little time to attack the host.

    Guys the world is all about who is powerfull.

    It is time to go to gym.
    bye

    How the hell did he arrive at that figure ? the whole trouble with lou is he fabricates "research" such as the above statement with absolutely nothing to back it up. So much for the Harvard educated economist in him.





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  • pappu
    12-26 05:44 PM
    CNBC. They are also airing a programme on immigration at 8pm eastern.

    Its about Illegal immigration only

    8:00pm - 9:00pm, NBC (23)
    Tom Brokaw Reports
    The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…



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  • mpadapa
    09-30 04:07 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf





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  • trueguy
    07-13 03:04 AM
    Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

    Had they cared July fiasco wouldn't have happened...


    This is the first time, EB3-I is speaking up. Please don't stop us.

    DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.

    Thanks



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  • gc28262
    09-26 09:41 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.





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  • GCOP
    07-13 01:31 PM
    I agree. We have involved in IV action Item. It is Simply our Hard Luck that, we all (EB3-I)are stuck in this situation. IV has tried for Bill every Single year Since about Last 3 Years, Organized rally. Nothing worked out for us. In the mean time EB-2 moved to 2006 and EB-3 is Still in 2001. I believe it is just our hard luck, that despite of all IV efforts & Our support to IV , No Result for Eb-3 Forward movement. NOW THE QUESTION IS WHICH ACTIONS CAN BRING THE RESULTS FOR EB-3 (I)
    Guys I am getting the impression that EB-3- I did not act on IV action items..that's not true we have been actively involved in IV action items and have been contributing...



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  • alisa
    04-07 02:24 PM
    What are we trying to achieve through this thread? (And please don't get offended by this question. )

    a) Educate people
    b) Organize a phone campaign for a week (or longer) for Durbin's office asking him to
    1) Either kill the bill altogether (Kill Bill)
    2) OR make a distinction between existing H1s and new H1s. (If the law applies to new H1s, then we should not care.)

    Why is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

    I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

    What are we doing about this situation btw?





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  • unitednations
    03-24 04:10 PM
    1. Why don't you give me the proof that ALL consulting companies are not complying. You are the one who is making the argument. Do you have any statistics to prove that ? Do you know all the consulting companies in US ? Do you know all the companies that directly hire H1 ? Do you know their compliance statistics ?

    2. Did I say any of these are legal ? If a company applies for H1B, the company has to comply with the requirements of the law. It is that simple. It doesn't matter whether it is a consulting company or a direct placement.

    Sometimes you have to step back and think of whether you can change a persons mind.

    Some people no matter how you state things are already bent on looking at things in one way and then backtrack to find things that help them in their way of thinking.

    It is different when someone starts with open mind and then form opinions as they get more knowledge. It is different when person starts with one way of thinking and then goes backwards to find their justifications.

    Sometimes it is just better to agree to disagree.



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  • unitednations
    08-14 09:17 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


    I don't see much of a problem because it was less then 180 days.

    Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

    I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

    I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.





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  • StuckInTheMuck
    08-05 02:13 PM
    Dick Cheney walks into the Oval Office and sees The President whooping and hollering.

    "What's the matter, Mr. President?" The Vice President inquired.

    "Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.

    "How long did it take you?"

    "Well, the box said '3 to 5 Years' but I did it in a month!"



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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.





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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..



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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.





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



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

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




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


    ________________________
    Not a legal advice.


    Yes H1B is NOT Stamped yet.



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  • satishku_2000
    05-16 02:56 PM
    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.





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  • sc3
    07-14 05:17 PM
    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....





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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.





    willwin
    07-13 04:46 PM
    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....

    I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?

    The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.


    Thoughts?





    njboy
    04-08 08:14 PM
    genuine firms like microsoft are unable to hire h1b people because ..guess what? all the h1 quota is over..here in new jersey, I was approached multiple times by people who said if I get anyone to file an h1 in their company, and if the h1 came through..I would get 1000 U.S.D. I asked them..what should be their qualification, they said..dont worry about qualification, they'd give a free course for QC tester and place them. So I wont be surprised if big fortune 500 companies are also behind this bill.



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