четверг, 30 июня 2011 г.

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  • gc28262
    09-26 10:14 AM
    Democrats will continue their push for CIR even after election.

    Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.

    If CIR is passed, we may not see another republican president in US history !




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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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  • Macaca
    12-27 06:43 PM
    Climate change leaves Assam tea growers in hot water
    Rising temperatures reducing yields and altering distinctive flavour of India's most popular drink (http://www.guardian.co.uk/environment/2010/dec/26/climate-change-assam-tea)
    By Amarjyoti Borah | The Guardian

    Climate change is affecting the cultivation of Assam tea, with rising temperatures reducing yields and altering the distinctive flavour of India's most popular drink, researchers say.

    High hills and abundant rainfall make the north-eastern state of Assam an ideal place to grow tea, with 850 gardens over 320,000 hectares (593,000 acres) producing the majority of the country's harvest. But in the last 60 years, rainfall has fallen by more than a fifth and minimum temperature has risen by a degree to 19.5C.

    "This is clearly climate change, and it is bound to have major impact on the tea industry," said Debakanta Handique, a climate scientist in Assam.

    The Tea Board of India said it had recorded a steady decline in tea production in recent years. In 2007, Assam produced 512,000 tonnes of tea. By 2008 this had declined to 487,000 tonnes, with estimated production in 2009 down again to 445,000. A further decrease is expected this year.

    Mridul Hazarika, director of Tocklai Tea Research, the oldest tea research station in the world, said rainfall and minimum temperature were two of the most important factors affecting both quality and quantity of harvests.

    "The decline has been taking place although there has been an increase in the area of tea cultivation as new gardens have come up, and many gardens have added new areas for tea plantation. This is an indication of the seriousness of the threat," said Hazarika. Efficient rainwater harvesting and new breeds of tea plants were needed to reverse the trend.

    "Changes have already been observed in the flavour, but it is not possible to blame only climate change for this," he said. "Other factors like the fertilisers used and cultivation methods might also be partly responsible."

    The changing taste of Assam tea is a serious concern for growers. Sudipta Nayan Goswami, an Assam-based planter, said subtle changes had already been observed: "The flavour has changed from what it was before. The creamy and strong flavour is no more."

    "There is a huge demand for Assam tea abroad, and this is due to its strong, bright flavour. The changes will sharply hamper the demand for this variety of tea abroad."




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  • anai
    12-24 11:14 AM
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    .
    .
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    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.



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  • suavesandeep
    06-25 01:32 PM
    ValidIV,
    I guess i am old school. I like to live within my means and own things in the true sense of owning. Read a lot about leveraging and know if not used correctly you get into financial meltdown we have now.

    I know really smart people make lot of money using this leveraging model. I wish you the best and hope you own 10 homes so that you can donate some to your grandchildren also.

    I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

    Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.




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  • ssa
    06-25 03:47 PM
    You just gave an example of a guy who owns his own house.

    And who was rich first and does not consider his house as an investment!



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  • unitednations
    03-25 11:58 AM
    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."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • hopefulgc
    07-14 10:55 PM
    Very correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.

    There is a saying in hindi
    "garibi mein aata gila"
    analogous translation:
    "spilling the only water you have left when you are really thirsty in a desert"

    Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.





    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

    ------------------------

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.



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  • ita
    01-04 01:56 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.




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  • yabadaba
    06-01 09:45 AM
    Sau Chuhe kha ke Billi Haj ko Chali

    roughly translated...after eating 100 mice the cat goes for a pilgrimage



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  • Ramba
    09-30 02:08 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.




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  • punjabi
    08-05 02:00 PM
    A farmer walked into an attorney's office wanting to file for a divorce.
    The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
    The farmer said, "Yea, I got about 140 acres."
    The attorney said, No, you don't understand, do you have a case?"
    The farmer said, "No, I don't have a Case, but I have a John Deere."
    The attorney said, "No you don't understand, I mean do you have a rudge?"
    The farmer said, "Yea I got a grudge, that's where I park my John Deere."
    The attorney said, "No sir, I mean do you have a suit?"
    The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
    The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
    The farmer said, "No sir, we both get up about 4:30."
    Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
    And the farmer says, "Well, I can never have a meaningful conversation with her!"



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  • hiralal
    06-05 11:48 PM
    here is a superb report ...really worth reading ..
    http://www.scribd.com/doc/14166113/T2-Partners-Presentation-on-the-Mortgage-Crisis4309-3




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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!



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  • akred
    04-08 08:02 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -

    1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.

    2. Prohibition of consulting due to prohibition of outplacement.

    3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.




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  • nojoke
    12-27 06:24 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved



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  • Macaca
    03-06 09:00 PM
    A Peek Into Corporate America (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501370.html)

    Not waiting for Congress to impose new disclosure laws, shareholder activists have persuaded some of the nation's largest companies to disclose their political spending on such things as issue campaigns. General Electric, Hewlett-Packard and American Electric Power recently agreed to report how much they give trade associations for politics and lobbying. Home Depot said it would report "soft money" gifts such as corporate donations to political advocacy groups.

    The decision was announced by the Center for Political Accountability, Trillium Asset Management and Green Century Capital Management. The four companies join 15 other major corporations that have adopted increased transparency policies since 2005.

    Separately, Aegon USA, a financial services firm, has begun to list on its campaign finance reports the events at which it gives money to politicians, a disclosure not required by law. It said its $5,000 donation to the leadership fund of Sen. Thomas R. Carper (D-Del.) was made during a "ski weekend." Anyone see a trend?




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  • HawaldarNaik
    12-26 07:14 PM
    I beleive enough is enough ( after saying no for years, i am now convinced), that the only way, i repeat, the only way to put an end to this is a Full Fledged WAR....otherwise they will keep on bleeding us like 26/11.
    We all know that they are nothing but a bunch of paper tigers and will go to any extent to harm India, but now the time is up with regards India's Patience.
    By not taking this step will make us sitting ducks for the next stage of attacks that will strike our cities.....
    If Indira Gandhi was alive (quoted by Priyanka Gandhi her grand daughter), she would have...taken decisive and clear cut action by now...and given a fitting reply.....
    The whole world is backing us and watching....Can India take action against all these atrocities happening for years now....or shall we just sit back and keep putting 'pressure' (which has been going on for a month now with no corrective action from the other side).
    Also no economic relations or cricket or entertainment relations (like a entertainment major did they cut off relations)......do not give an INCH.....boy oh boy....enough is enough.......after 26/11....i truly beleive so otherwise they will come up with more sinister plots....

    Even Mahatma said, if by being non violent the opponent feels you are a coward...then stand up....and give a fitting reply (something to that effect)




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  • hiralal
    06-05 10:55 PM
    I have done lot of research and come up with calculations ..please note ..I am renting now but am also a potential home buyer ..only the GC is preventing me from buying.
    both have its advantages and dis ..by renting, I save a lot and I spend that money more freely (eating out more frequently, wife is not under pressure to work, kids in summer camps, fully funding retirement etc). kids have more friends, playdates etc etc. also the flexibility and peace of mind that renting gives me (and my family) is priceless in this environment. similarly owning has its own pleasures and others maybe able to write better on that.
    my point is only from timing point of view and from financial perspective ..home is huge investment and if prices are still falling then it makes sense to wait ..the reason being if prices fall an additional 10 - 15% in your area then you may lose 30 - 40K in one year (which is almost 2 - 3 years of savings for better paid guys). on top of it if you lose job and H1/EAD gets cancelled then you are FINISHED.
    here is the article that I mentioned ..also note 3% appreciation was past (slightlly more than rate of inflation) ..it will take years to even come there
    ---------------------
    one of the adjustable variables is home appreciation. The default level is 3% a year, meaning the $300,000 home would be worth $309,000 after one year, $318,270 after two years and so forth.

    Reduce that figure to 1% and the break even period jumps to 4.8 years. At 0% it's 7.2 years.

    These days, 0% appreciation is not all that bad. The calculator won't take a negative number, but it's easy to imagine what would happen if, for example, prices were to drop by 5% a year for three years, then resume a 3% annual increase. Your home would lose about 15% of its value in three years and would then take five more to get back to where you started, a total of eight years.

    With appreciation continuing at 3% it would take another 2.5 years to break even once commissions, taxes and other factors were taken into account. So it probably wouldn't pay to buy this home unless you expected to stay there for more than 10.5 years.

    But there's no doubt that periods of low home-price appreciation or falling home values dramatically undermine any financial benefits of owning over renting.
    ---------------------




    chanduv23
    03-25 01:48 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D




    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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