Macaca
12-28 07:44 PM
Why Nobel laureate Obama will not cry for Binayak Sen (http://blogs.timesofindia.indiatimes.com/Main-Street/entry/why-nobel-laureate-obama-will-not-cry-for-binayak-sen) By Shobhan Saxena | Times of India
Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.
But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.
But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�
The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.
Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��
In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.
Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?
Why the Americans don�t treat Sen at par with Liu?
The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."
Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?
Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.
But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.
Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC
Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.
But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.
But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�
The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.
Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��
In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.
Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?
Why the Americans don�t treat Sen at par with Liu?
The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."
Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?
Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.
But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.
Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC
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logiclife
02-21 12:52 PM
Lou dobbs, Pat Buchanan and people of that kind are full of vanity. It is wise to tune out such guys and make sure that they do not affect policy decisions in congress. I dont think policy makers care for his rant on TV.
Pat Buchanan atleast ran for President for a couple of times. He has a lot of wrong ideas especially about immigration but he wanted to do something about whatever he believed in. And he actually did work in public service in the seventies in the Nixon White House.
This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.
The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.
Pat Buchanan atleast ran for President for a couple of times. He has a lot of wrong ideas especially about immigration but he wanted to do something about whatever he believed in. And he actually did work in public service in the seventies in the Nixon White House.
This guy Dobbs, claims to know everything that's wrong with congress, the laws, the trade agreements, and all he does is preach. Why doesnt he run for congress and fix things he thinks are so easy to fix. If he is so smart and able, then he should really run for congress and do what he thinks his right.
The reality is... the chamber of House is no CNN studio. If a trust-fund, Preppie kid like him went to Congress, he wouldnt last a week.
senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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chanduv23
03-26 04:35 PM
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
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qplearn
11-14 09:49 PM
If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
asanghi
08-11 01:45 PM
dont know about lou's total viewership but every day his online polls have less than 15,000 respondents
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
http://www.cnn.com/POLLSERVER/results/26653.exclude.html
i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments
Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.
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minimalist
08-06 11:46 AM
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.
Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.
Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
Don't try to spread such inferiority complex.
Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.
Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
Don't try to spread such inferiority complex.
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sanju
12-20 07:02 PM
Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.
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bfadlia
01-09 04:26 PM
This is the simple logic everybody tried to convey to Refugee_now in 15 pages of this thread. But he don't understand or don't want to !!!!
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.
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nixstor
11-12 08:26 PM
Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
Ha haa.. I tell you what.. It could be either of these
1) Its not their preference RIGHT NOW, It will become their preference after some time 2 yrs, 3yrs
2) They are complacent with what they do RIGHT NOW. H1B worker life style in their native country compared to life style in America. Yeaa.. I am happpy happpy.. 2 or 3 yrs
3) They live on a day to day basis. Why bother about tommorow?
4) Whatever! some one will do some thing. If some thing were to happen it will happen.
Its the last one that I hate, c mon folks.. wake up and do something for your self. I feel that most of the people in these forums have already spent enough time (on avg 3.5 yrs??) waiting and the people not on here are the ones who havent spent that considerable wait of 3 to 4 yrs. Most of the people I see every day are in group 4. They consider IV forums as a great resource to get suggestions for their situation, nothing more unfortunately.
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unitednations
07-19 02:07 PM
It looks like this thread has really started to make peope think of the "status issues".
A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.
Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.
attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.
You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).
Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.
This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.
A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.
Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.
attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.
You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).
Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.
This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.
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GC_Applicant
04-08 11:44 PM
Not that I am going to buy right now., but want to get my home work done.
Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.
Thanks for all the great info.
Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.
Thanks for all the great info.
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unitednations
03-26 08:04 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
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boreal
09-27 12:31 PM
Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...
Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)
Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..
Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)
Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)
Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..
Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)
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unitednations
07-09 11:23 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
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calboy78
08-11 01:23 AM
bump ^^
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Macaca
02-27 08:20 AM
1. Insurers Prepare a Battle Strategy to Protect a Key Exemption (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142.html).
2. Lobbying Winner -- and Loser (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html).
The U.S. Chamber of Commerce and the affiliated U.S. Chamber Institute for Legal Reform have broken their own record for expenditures on lobbying. Their combined total skyrocketed to $49.2 million for the second half of 2006, more than double the $23.5 million they reported for the first six months of the year. The latest six-month period shattered their earlier record of $30.1 million, set during 2004's first half, PoliticalMoneyLine said.
The institute, which alone spent $17.8 million in the second half of 2006, does all manner of lobbying and research to fight trial lawyers. The rest of the Chamber buys issue advertising and houses a stable of lobbyists and policy analysts.
By contrast, the National Association of Manufacturers -- the Chamber's onetime rival -- spent just $3.6 million in the second half of 2006, down dramatically from $9.6 million in the year's first six months. NAM said the 63 percent decline resulted from its withdrawal from lobbying on the asbestos bill that it wanted but failed to get.
NAM was outpaced in lobbying expenditures in last year's second half by a wide range of groups and individual companies. Twenty of these spent more than $5 million during the period.
2. Lobbying Winner -- and Loser (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html).
The U.S. Chamber of Commerce and the affiliated U.S. Chamber Institute for Legal Reform have broken their own record for expenditures on lobbying. Their combined total skyrocketed to $49.2 million for the second half of 2006, more than double the $23.5 million they reported for the first six months of the year. The latest six-month period shattered their earlier record of $30.1 million, set during 2004's first half, PoliticalMoneyLine said.
The institute, which alone spent $17.8 million in the second half of 2006, does all manner of lobbying and research to fight trial lawyers. The rest of the Chamber buys issue advertising and houses a stable of lobbyists and policy analysts.
By contrast, the National Association of Manufacturers -- the Chamber's onetime rival -- spent just $3.6 million in the second half of 2006, down dramatically from $9.6 million in the year's first six months. NAM said the 63 percent decline resulted from its withdrawal from lobbying on the asbestos bill that it wanted but failed to get.
NAM was outpaced in lobbying expenditures in last year's second half by a wide range of groups and individual companies. Twenty of these spent more than $5 million during the period.
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unitednations
08-03 01:52 PM
Hi United Nation,
If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??
-M
No; it is not hard to use.
However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.
If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??
-M
No; it is not hard to use.
However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.
hairstyles Shakira - Laundry Service
ilwaiting
04-09 08:47 AM
This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
unitednations
07-09 11:06 AM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
sanju
12-28 01:10 AM
I hope so.
I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.
I disagree, this is not the hostile relationship between two countries, we see this as one country and the international community applying pressure on Pakistan. Without this pressure, there is no way Pakistan will gather the "motivation" to dismantle the terror network. The terror network will get dismantled only if there are two choices, either Pakistan dismantles the terror network or we will dismantle it for Pakistan. Without a direct approach, nothing will change.
On a different note, there is only one outcome of over analysis by computer analyst or business application analyst, and that outcome is -war is too "expensive". What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years by your "over analytical" computer analyst Mircosoft projects approach calculating the "cost of the war". What if it is your father who is targated by the terrorist next, I want to know who all will still run the profit and loss statement if your father is killed by the next strike by the terrorist. Will you only agree to a war when your own family member is killed? Don't you think its time to put the bleeding innocent people ahead of this "over analysis".
We are peace loving people. But should we not respond to the war we did not start. We are not the aggressor, we are the victim here for christ sake.
Wars are decided by brave men, wars are faught by warriors, and wars are won by patriots. Over analysis at the time of war is a sign of weakness - message of Gita. I hope we agree that War is not like a lala shop to prepare a profit & loss statement before making a decision. We did not start this war, it is being forced on us. The question is - should we respond to the war that is forced on us, the war we did not start, but the war which we have the strength to end.
.
I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.
I disagree, this is not the hostile relationship between two countries, we see this as one country and the international community applying pressure on Pakistan. Without this pressure, there is no way Pakistan will gather the "motivation" to dismantle the terror network. The terror network will get dismantled only if there are two choices, either Pakistan dismantles the terror network or we will dismantle it for Pakistan. Without a direct approach, nothing will change.
On a different note, there is only one outcome of over analysis by computer analyst or business application analyst, and that outcome is -war is too "expensive". What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years by your "over analytical" computer analyst Mircosoft projects approach calculating the "cost of the war". What if it is your father who is targated by the terrorist next, I want to know who all will still run the profit and loss statement if your father is killed by the next strike by the terrorist. Will you only agree to a war when your own family member is killed? Don't you think its time to put the bleeding innocent people ahead of this "over analysis".
We are peace loving people. But should we not respond to the war we did not start. We are not the aggressor, we are the victim here for christ sake.
Wars are decided by brave men, wars are faught by warriors, and wars are won by patriots. Over analysis at the time of war is a sign of weakness - message of Gita. I hope we agree that War is not like a lala shop to prepare a profit & loss statement before making a decision. We did not start this war, it is being forced on us. The question is - should we respond to the war that is forced on us, the war we did not start, but the war which we have the strength to end.
.
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