newsweek covers 2010

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  • ArkBird
    05-01 01:42 PM
    By the way what is the actual status of this bill?





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  • unitednations
    03-26 04:51 PM
    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.

    What eventually happened to the case.

    The baltimore case I mentioned happened in 2005 which was certified by AAO.





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  • ArkBird
    01-10 03:36 AM
    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!





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  • jkays94
    05-24 01:48 PM
    http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp

    He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.



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  • texcan
    08-06 04:42 PM
    The Seven Dwarfs are on a vacation in Europe and receive an audience with the Pope.
    As the oldest, Dopey serves as spokesman for his mates.
    Standing before the Pope, Dopey asks, "Your excellency, are there any dwarf
    nuns in Vatican City?"
    The Pope thinks for a moment and says, "No, Dopey, there are no dwarf nuns
    in Vatican City."
    This makes the other six dwarfs snicker.

    Dopey then asks, "Mr. Pope, are there any dwarf nuns in Europe?"
    "No," the Pope responds. "There are no dwarf nuns in Europe."
    Hearing this, the other six dwarfs fall to the floor, laughing and howling.

    Dopey looks at the Pope and says, "Sir, are there any dwarf nuns in the
    world?"
    "No, my son," the Pope says. "There are no dwarf nuns anywhere in the
    world."
    With this, the other six dwarfs began chanting, "Dopey made love to a
    penguin! Dopey made love to a penguin!"





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  • Marphad
    12-18 01:45 PM
    Sign of very rare good pakistani journalism:

    http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs

    Worth reading.



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  • nogc_noproblem
    08-07 12:02 AM
    Poland�s worst air disaster ever occurred today . . .

    . . . When a two passenger Cessna 250 crashed into a large cemetery just outside of Warsaw.

    So far, 367 bodies have been found and authorities indicate the count could rise as digging continues.





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  • chantu
    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.



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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.





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  • mariner5555
    04-13 12:17 AM
    agree with Jung.lee. if you are in california or florida ..it definitely makes sense to wait. MSN reported that lot of people are just walking away ..
    http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
    -------
    Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.

    "The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."

    The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
    Photo by Joseph A. Garcia

    Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.

    Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
    Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.

    She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.



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  • Macaca
    12-27 06:59 PM
    India chasing a U.N. chimera (http://www.thehindu.com/opinion/op-ed/article995760.ece) By K. S. DAKSHINA MURTHY | The Hindu

    In recent years it has become standard practice for the Indian media to ask visiting foreign dignitaries where they stand on New Delhi's claim to a permanent seat in the UNSC. If the answers are in the affirmative, there are smiles all round and the glow is then transmitted to readers or viewers as the case may be.

    Among the Permanent Five in the Council, the United Kingdom has long affirmed support, so have France and Russia. China has remained non-committal. So the United States' stand was deemed crucial. When President Barack Obama, during his recent visit, backed India for a permanent seat, the joy was palpable. The media went to town as if it were just a matter of time before India joined the select group of the World's almighty. The happiness lasted a few days until the first tranche of WikiLeaks punctured the mood somewhat.

    The revelation of U.S. Secretary of State Hillary Clinton's classified whisper, describing India as a self-appointed front-runner exposed Washington's innermost thoughts on the subject. Though the embarrassing leak was subsequently sought to be played down, it opened the curtain to a larger truth which is that the U.S. and the other four have never really been interested in real reforms to the Security Council.

    Public pronouncements, positive affirmations and slap-on-the-back relationships don't necessarily translate into action on the ground.

    Reforms

    Jakob Silas Lund of the Centre for U.N. Reform Education states a few individuals within the process believe that some of the Permanent Five countries “are more than happy to see reform moving at near-zero-velocity speed”.

    The reforms are open to interpretation. Broadly, they mean democratisation of the Security Council to make it representative and in tune with the contemporary world. This, for some, means more permanent members. The Group of four — India, Brazil, Japan and Germany — has been the most vocal in demanding it be included.

    What is surprising, especially where India is concerned, is the hope and optimism that it is heading towards a permanent seat. In reality, a committee set up by the United Nations 17 years ago to go into reforms shows little signs of progress.

    The first meeting was held in 1994 of the U.N. group, a mouthful, called the “Open-Ended Working Group on the Question of Equitable Representation and Increase in the Membership of the Security Council and Other Matters Related to the Security Council”. Until now, this group has completed four rounds of negotiations, just on preliminaries.

    A brief peek into the past will make it clear that the addition of more veto-wielding permanent members to the Council is a veritable pipe dream. For any amendment to the U.N. charter, two-thirds of the General Assembly needs to acquiesce. This may be possible but the next requirement, that of ratification by the Permanent Five, is the real obstacle.

    Since the formation of the United Nations in 1945, there have been only a handful of meetings of the Security Council to discuss the original charter, and even that, merely to discuss minor amendments. One of some significance came about in 1965 when the membership of temporary, non-veto powered countries in the Council was increased from six to 10 and the number of votes required to pass any decision increased to nine from seven.

    As academic and U.N. commentator Thomas G. Weiss wrote in the Washington Quarterly, “Most governments rhetorically support the mindless call for equity, specifically by increasing membership and eliminating the veto. Yet, no progress has been made on these numerical or procedural changes because absolutely no consensus exists about the exact shape of the Security Council or the elimination of the veto.”

    The argument for a bigger, more representative Council is undoubtedly valid but the issue is who will implement it and how.

    U.S. is the prime mover

    In today's global equation the U.S. is the acknowledged prime mover. It has already had to sweat it out to convince the other four members to go with it on several issues, like the sanctions against Iran. If more countries are allowed to join the Council the difficulties for U.S. interests are obvious, even if those included are vetted for their closeness to Washington.

    Real and effective reforms should have meant democratisation of the Security Council to reflect the aspirations of all its members. Ideally, this should mean removal of permanency and the veto power to be replaced with a rotating membership for all countries, where each one big or small, powerful or weak gets to sit for a fixed term in the hallowed seats of the Council. This is unthinkable within the existing framework of the United Nations. At the heart of the issue is the reluctance of the Permanent Five to give up the prized veto power.

    The situation is paradoxical given that democracy is being touted, pushed and inflicted by the U.S. across the world. But democracy seems to end where the Security Council begins. The rest of the world has no choice but to bow to its decisions. The consequences for defying the Council can be terrifying as was experienced by Saddam Hussein's Iraq through the 1990's. Iran is now on the receiving end for its defiance on the nuclear issue.

    Not just that, the credibility of the Security Council itself took a beating over its inability to prevent the U.S. invasion of Iraq in 2003. Having failed to convince France, Russia and China to vote for invading Iraq, the U.S. went alone. The Council was reduced to a bystander. It failed to fulfil its primary task, that of ensuring security — to Iraq.

    What this also implies is that Council or no Council, in today's unipolar world, the U.S. will go with what it decides and no one can stop it. This has been the case particularly since the end of the Cold War. “With a U.S. global presence as great as that of any empire in history, Security Council efforts to control U.S. actions are beginning to resemble the Roman Senate's efforts to control the emperor,” writes Weiss.

    Instead of trying to clamber onto a patently unfair arrangement it would have made more sense if the four self-appointed front-runners along with the rest of the world had demanded a more equitable and representative Council.

    To achieve this, academic and U.N. expert Erik Voeten suggests pressure tactics to counter veto power. One tactic is for countries en bloc to ignore the decisions taken in the Security Council. Another is for Germany and Japan, which are among the largest contributors to the United Nations, to turn off the tap.

    Despite this, if nothing happens, countries may have no choice but to look for, or at least threaten to float, an alternative U.N.-like organisation whose structure would be more in tandem with the contemporary world. Idealistic, perhaps. But this should force the Permanent Five to sit up and take real notice.

    K.S. Dakshina Murthy was formerly Editor of Al Jazeera based in Doha, Qatar





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

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

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

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

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

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

    You can use these forms and file a complaint:

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

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



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  • unitednations
    08-02 11:57 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot


    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.





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  • unitednations
    08-08 04:24 PM
    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

    check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.



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  • Legal
    08-05 06:00 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!





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  • rockstart
    07-14 02:11 PM
    vdlrao's figues tell the story

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162


    2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.



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

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

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

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

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

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

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


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

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

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





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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • GCapplicant
    09-26 09:52 AM
    It's really too early to pass judgements What will happen if he comes?
    It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.

    After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.

    Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.

    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.





    Macaca
    03-19 01:23 PM
    Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)

    Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )

    The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.

    This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.





    Administrator2
    01-08 03:25 PM
    Refugee_New,

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

    Thanks,

    Administrator2