Tuesday, August 2, 2011

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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • akred
    08-06 01:26 PM
    Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

    The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

    In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

    But this is a very draconian measure and hopefully does not come into play.





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  • rimzhim
    04-09 12:02 PM
    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

    But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)

    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.


    You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.

    Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.





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  • sk2006
    06-05 03:20 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.


    Correct.
    Infact experts call an invest a good investment if
    #1 Returns are good
    #2 Expenses are low

    Investment in house does not meet any of these.. Returns historically are only slightly better than rate of inflation (forget the bubble years) and expenses which include property taxes and maintenance costs are too much to call it a good investment. And then you pay interest on the borrowed money.



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  • VSS2007
    07-13 12:28 AM
    Really Good Work!!!





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  • sands
    08-07 05:25 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."
    This is hilarious! :)



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  • Legal
    08-11 11:07 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.





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  • smuggymba
    07-28 02:45 PM
    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.

    Amnesty has been given by Democrats only earlier and this is their third attempt I guess



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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......





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  • validIV
    06-05 02:01 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.



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  • pthoko
    07-11 01:57 PM
    Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.

    Thanks!


    QUOTE





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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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  • GCScrewed
    07-13 09:30 AM
    No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.





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  • xyzgc
    01-04 01:46 PM
    Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.



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  • sab
    01-08 01:29 PM
    Terrible. From NPR

    "Eventually, Red Cross and Palestine Red Crescent rescuers received permission to go into the shelled houses. Pierre Wettach, head of the ICRC for the region, called it a "shocking incident." "The ICRC/PRCS team found four small children next to their dead mothers in one of the houses. They were too weak to stand up on their own."

    http://www.npr.org/templates/story/story.php?storyId=99110616





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  • gcnotfiledyet
    03-24 03:53 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?



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  • file485
    07-08 09:24 AM
    Please post URL of this file. Thanks!

    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf





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  • validIV
    06-25 02:37 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.





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  • alisa
    12-27 01:44 AM
    Look at this way...

    Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.

    The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.

    Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
    Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.

    As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.

    The Key questions are
    a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)

    It attracted US's attention and just forces Pak Military to do more and more..

    With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.

    When a war breaks out,

    Tension on the Eastern border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
    It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'


    I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

    Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

    So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
    (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.





    I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
    from India to US and it impacted me profoundly. Man, "Enough is enough"...

    Peace,
    G

    I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
    I don't think a bomb blast with the same number of casualties would have had this much impact.
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....





    rockstart
    03-23 12:19 PM
    If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.





    file485
    07-07 11:06 PM
    I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..

    I cant attach the pdf file,probably it is too big..

    pls get in touch with that attorney too..

    dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys



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