Thursday, July 7, 2011

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  • axp817
    03-26 03:38 PM
    If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll

    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.





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  • Macaca
    05-15 05:59 PM
    Why America Needs Immigrants (http://online.wsj.com/article/SB10001424052748703730804576313490871429216.html) By JONAH LEHRER | Wall Street Journal

    If there's one fact that Americans take for granted, it's that other people want to live here. As President Barack Obama noted in his speech on immigration earlier this week, the U.S. has always attracted strivers from every corner of the globe, often willing to risk great hardships to get here.

    During the 20th century especially, America became a magnet for the bright and ambitious. Millions of talented foreigners, from Alfred Hitchcock to Sergey Brin, flocked to our universities and benefited from our financial capital and open culture.

    There are signs, however, that the allure of America is fading. A new study by researchers at U.C. Berkeley, Duke and Harvard has found that, for the first time, a majority of American-trained entrepreneurs who have returned to India and China believe they are doing better at "home" than they would be doing in the U.S. The numbers weren't even close: 72% of Indians and 81% of Chinese said "economic opportunities" were superior in their native countries.

    Some of the local advantages cited by these global entrepreneurs were predictable: cheap labor and low operating costs. What's more worrisome is that these business people also cited the optimistic mood of their homelands. To them, America felt tapped out, but their own countries seem full of potential. This might also help to explain why the number of illegal immigrants entering the U.S. has plunged more than 60% since 2005.

    These trends are troubling because they threaten to undermine a chief competitive advantage of the U.S. Though politicians constantly pay lip service to the importance of American innovation, they often fail to note that it is driven in large part by first-generation immigrants.

    Consider some recent data. The U.S. Patent Office says immigrants invent patents at roughly double the rate of non-immigrants, which is why a 1% increase in immigrants with college degrees leads to a 15% rise in patent production. (In recent years, immigrant inventors have contributed to more than a quarter of all U.S. global patent applications.) These immigrants also start companies at an accelerated pace, co-founding 52% of Silicon Valley firms since 1995. It's no accident that immigrants founded or co-founded many of the most successful high-tech companies in America, such as Google, Intel and eBay.

    Why is immigration so essential for innovation? Immigrants bring a much-needed set of skills and interests. Last year, foreign students studying on temporary visas received more than 60% of all U.S. engineering doctorates. (American students, by contrast, dominate doctorate programs in the humanities and social sciences.)

    These engineering students drive economic growth. According to the Department of Labor, only 5% of U.S. workers are employed in fields related to science and engineering, but they're responsible for more than 50% of sustained economic expansion (growth that isn't due to temporary or cyclical factors). These people invent products that change our lives, and in the process, they create jobs.

    But the advantages of immigration aren't limited to those with particular academic backgrounds. In recent years, psychologists have discovered that exposing people to different cultures, either through travel abroad or diversity in their hometown, can also make them more creative. When we encounter other cultures we become more willing to consider multiple interpretations of the same thing. Take leaving food on one's plate: In China, it's often a compliment, signaling that the host has provided enough to eat. But in America it can suggest that the food wasn't good.

    People familiar with such cultural contrasts are more likely to consider alternate possibilities when problem-solving, instead of settling for their first answer. As a result, they score significantly higher on tests of creativity. Perhaps it's not a coincidence that many of the most innovative places in the world, such as Silicon Valley and New York City, are also the most diverse.

    We need a new immigration debate. In recent years, politicians have focused on border control and keeping out illegal immigrants. That's important work, of course. But what's even more important is ensuring that future inventors want to call America home.


    Europe and immigration are vital issues, so let's discuss them (http://www.telegraph.co.uk/news/worldnews/europe/eu/8514152/Europe-and-immigration-are-vital-issues-so-lets-discuss-them.html) Telegraph
    Fewer takers for H-1B
    The software scene in the US is changing (http://businessstandard.com/india/news/fewer-takers-for-h-1b-/435622/)
    Business Standard Editorial
    President Obama's dreaming if he thinks he's mending fences with immigrants (http://www.nydailynews.com/ny_local/bronx/2011/05/15/2011-05-15_prez_dreaming_if_he_thinks_hes_mending_fences.h tml) By Albor Ruiz | NYDN
    Twisting the truth on the Mexican border (http://www.washingtonpost.com/opinions/twisting-the-truth-on-the-mexican-border/2011/05/12/AFOJKi3G_story.html) The Washington Post Editorial
    The Secure Visas Act (http://www.cfr.org/immigration/secure-visas-act/p24959) By Edward Alden | Council on Foreign Relations





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  • nogc_noproblem
    08-06 11:50 AM
    ..





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  • xyzgc
    12-22 03:16 PM
    Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.



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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.





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  • Macaca
    05-30 05:44 PM
    What Will It Take for Companies to Unlock Their Cash Hoards? (http://online.wsj.com/article/SB10001424052702303654804576349282770703112.html) By JASON ZWEIG | Wall Street Journal

    There is a cash crisis in corporate America�although it comes not from a shortage of the stuff, but from a surplus.

    In the first quarter, the five companies with the greatest cash hoards�Microsoft, Cisco Systems, Google, Apple and Johnson & Johnson�added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor's 500-stock index are sitting on more than $960 billion in cash, a record.

    To be sure, at many companies the cash piling up is at global operations that generate "undistributed foreign earnings" that can't be brought home, under U.S. law, without incurring taxes of up to 35%. But hundreds of billions in cash remain available�and idle.

    Meanwhile, the payout ratio�the proportion of earnings paid out as dividend income to shareholders�fell to 28.9% for the past four quarters. That, says S&P senior index analyst Howard Silverblatt, is the lowest level since 1936. Dividends are going up�Intel, UnitedHealth Group and WellPoint have recently raised them�but cash is still piling up far faster than most industrial giants can possibly find a prudent use for it. Of course, investors themselves might have a better use for the cash, if they could get at it.

    As Daniel Peris, co-manager of the Federated Strategic Value Dividend fund, says, "The likelihood of spending money poorly is increased by having a surplus of it."

    Microsoft's purchase price for the online telecommunications firm Skype, widely criticized as too rich at $8.5 billion, almost precisely matches the amount of cash that Microsoft raked in last quarter. Was that torrent of cash burning a hole in Microsoft's pocket?

    "No way," says Bill Koefoed, general manager of investor relations at Microsoft. "We see this as being a very strategic acquisition."

    The heart of the problem, as the great investor Benjamin Graham pointed out decades ago, is that the best interests of corporate management and outside investors are at odds. That is especially true for giant companies whose growth has been slowing. "The more dubious the company's prospects�the more anxious management is to retain all the cash it can in the business," Graham wrote. "But the stockholders would be well advised to take out all the capital that can be safely spared, because these funds are much more valuable to them if in their own pockets, or invested elsewhere."

    Amnesia is another culprit. In the past, companies paid out vastly more of their profits as dividends, and they should again. "If there were a greater historical sensibility among investors and managers," Mr. Peris says, today's low payouts "would be called out as an abnormal situation that's likely to lead to that money being less well-spent than it otherwise might be."

    Dividends have gotten short shrift in recent years as investors have come to favor companies that instead use cash surpluses to buy back their shares. Meanwhile, with the economic recovery barely out of the sickbed, many companies are reluctant to invest heavily in expansion. Others want to keep cash handy for potential acquisitions. So cash sits idle�even as interest rates, after inflation, are so low that cash often produces negative real returns.

    Benjamin Graham made three simple proposals in 1951 that deserve to be revived.

    First, investors need to realize that a company's cash is a valuable asset, even when interest rates are low; if management won't put it to good use, investors must speak up. As Graham wrote: "When the results on capital are unsatisfactory, it is appropriate for stockholders to�insist that it be returned to stockholders on an equitable basis."

    Second, companies should set formal dividend policies. Rather than paying or raising dividends out of the blue, they should state in advance what proportion of earnings they expect to pay out as cash dividends. If, instead, they plan to use excess cash to buy back shares, they should offer hard evidence that the stock is undervalued.

    Finally, Graham advocated that leading companies should pay out two-thirds of their earnings as dividends. That rate isn't as radical as it might sound, even though it would amount to more than a doubling from today's levels. The dividend payout, as a percentage of total profits, has averaged 52.3% since 1936 and 46% over the past two decades, according to Standard & Poor's.

    If the companies in the S&P 500 raised their payout ratio to 50%, Mr. Silverblatt estimates, that would put an extra $207 billion into investors' pockets�at a time when shareholders' dividend income is taxed at historically low rates.

    "Companies are basically earning more than they've ever made before, but their payouts are nowhere near that high," says Mr. Silverblatt. "They're holding their cash really tight. You can call them Scrooges if you want."


    A Generation of Slackers? Not So Much (http://www.nytimes.com/2011/05/29/weekinreview/29graduates.html) By CATHERINE RAMPELL | The New York Times
    Made in America: Manufacturing Jobs Are Coming Home (http://www.thefiscaltimes.com/Columns/2011/05/26/Made-in-America-Manufacturing-Jobs-Are-Coming-Home.aspx) By Patrick Smith | Fiscal Times



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  • masaternyc
    05-15 07:41 PM
    I think mbdriver is absolutely right, this would stop the exploitation of greedy consultancies and every one gets a fair chance.





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  • sanjay
    06-23 03:00 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    I too live in Fairfax county and I agree with you. My friend had purchased a home in Centerville and he paid the same price what it was listed for as the owner got three more contracts. He got it b'cause he paid 15 % down.

    From last month bidding on home is more than it's listed price. When I talked to a real estate agent he told this will be until September end, due to schools re - opening, and from October things will start settling down to what was one month ago. It's good if you want to sell if you are in Fairfax but to purchase wait until schools reopen ( again if you don't had a school going kid in home ) and then go for looking one for you.


    And for red marks, do not worry. There would some more here to give me red for this comment. Take the spirit from Ganguteli. I had never seen a person in IV forum changing color so frequently than him in last 3 years. Morning's he is green and evening's he is all red.



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  • mrane1
    06-07 06:22 PM
    When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.


    Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.

    There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.

    Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).

    Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.

    Chill out and have a good night

    Living life king size is what caused this massive bubble and the repurcussions of this recession will be felt for years to come. Living beyond your means never was and will never be, a good idea. What is the point in buying a mansion and then worrying about paying the mortgage on it every month... I dont see any king size lifestyle there.





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  • pappu
    08-11 12:44 PM
    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
    thanks for the link. I have forwarded this info to a statistician for analysis and if we can get some favorable arguments based on that data that can be presented as charts and graphs by IV.



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  • sk2006
    06-06 01:31 AM
    .. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I agree.





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  • pd_recapturing
    04-15 02:58 PM
    1. Money cant buy happiness


    A new research:
    http://www.reuters.com/article/domesticNews/idUSN2042446720080320?feedType=RSS&feedName=domesticNews&rpc=22&sp=true



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  • Macaca
    05-09 05:50 PM
    China’s America Obsession
    Why Osama bin Laden's death is making Chinese leaders nervous. (http://www.foreignpolicy.com/articles/2011/05/06/china_s_america_obsession)
    By JOHN LEE | Foreign Policy

    In Thursday's edition of China's Communist Party-owned Global Times newspaper, the lead editorial was headlined, "After Bin Laden, will China become US's foe?" Hoping that economic integration would defuse "right-wing paranoia" about China in the United States, the editorial nevertheless concluded: "The rise of China is certain to cause friction" in America. On Friday, the paper led with an editorial that referenced an interview I had given the Global Times in late April to admit that "China could be the loneliest rising power in world history."

    Of course, editorials in state-owned newspapers do not always mirror the Communist Party's thinking or policies. But in this case, these two editorials remind us of two related points about Beijing's worldview. First, China respects and even fears the United States more than the vast majority of Americans probably realize. And second, China's sense of isolation is not an act but acute and real -- and Osama bin Laden's death will only accelerate America's reengagement with its Asian allies and partners at China's expense.

    When Washington shifted its focus toward terrorism and the Middle East after the September 11 attacks in 2001, Beijing experienced genuine relief. As China's leaders and strategists came to believe, an America distracted by two wars and a weak economy presented a priceless window of opportunity for China to extend its influence in Asia and beyond. But Beijing realizes that Washington's strategic attention will eventually turn eastwards, and the death of bin Laden is one small but significant step in hastening the arrival of that day. As one prominent Chinese Academy of Social Sciences (CASS) analyst put it to me recently, the American "spearhead will soon be pointed at Beijing."

    China's focus on America is obsessive and omnipresent among its leaders and strategists. In a study of 100 recent articles by leading academics at CASS, comprising the network of official state-backed think-tanks and institutes throughout the country, I found that about four in every five were about the United States -- whether it was seeking to understand the American system and political values, or describing how to limit, circumvent, bind, or otherwise reduce American power and influence. Of these themes, several emerged that help better understand the thinking behind editorials like the one in the Global Times.

    One is that Beijing views international politics in broadly neorealist terms. Chinese strategists believe the distribution of power in the world today will determine tomorrow's conflicts. China has long seen building competition between itself and America in particular as the inevitable and defining big-picture strategic play. In Beijing's thinking, tension can be managed, but never resolved, between the established power and the emerging one. Tension is a structural inevitability.

    But Chinese experts also view America as a unique superpower that relentlessly seeks not only to build and maintain its power, but also to spread its democratic values. This is of grave concern to the authoritarian Chinese leaders, because they believe that America will have difficulty accepting a greater leadership role for Beijing so long as Communist Party remains exclusively in power. Senator John McCain's "League of Democracies" might never become a formal reality, but Beijing believes that it already exists, at least in Asia, through democracies such as India, Japan, and South Korea.

    Moreover, Beijing fears the American democratic process. While Americans view democracy as an advantage since it can offer United States an institutional and bloodless process for leadership and policy renewal, China views American democracy as a source of irrationality and unpredictability. Many in Beijing, pointing to President George W. Bush's rapid decisions to go to war in Afghanistan and Iraq after 9/11, believe a new administration might actually increase the chances of uncomfortable shifts in policy that will lead Washington to suddenly focus its competitive and hostile gaze to the east.

    Some of Beijing's strategists now even argue that the United States has three advantages over China that will help preserve American strategic primacy in Asia.

    First, the United States has built an order based not just on American power but also democratic community. It has not escaped Beijing that few countries in East and Southeast Asia fear India's democratic rise. Whereas India's ascent is seen as natural, predictable, and welcomed, almost every country in Asia is trying to benefit from China's economic success while strategically hedging against Chinese military power by moving even closer to the United States. (Witness the recent speech by Australian Prime Minister Julia Gillard to Congress in which she reaffirmed the alliance with America as the bedrock of Canberra's security strategy, or Singapore's leader Lee Hsien Loong urging America to remain engaged in Asia.)

    Second, unlike China, America does not have land and territorial disputes with other Asian states. For example, China still claims around 80 percent of the South China Sea as its "historic waters" and is in an ongoing dispute with India over the eastern-most Indian state of Arunachal Pradesh. In this sense, China's rise is inherently disruptive since a more powerful China is likely to demand a resolution to these issues that is in Beijing's favor.

    Third, the United States is not a resident power in that it is not geographically in Asia. China now realizes that this simple fact, once seen as a handicap, instead presents America with a unique advantage. To maintain its military bases in the region and thus remain the pre-eminent strategic power in Asia, the United States requires other key states and regional groupings to acquiesce to its security role and relationships. There is broad-based regional approval of U.S. alliances with Australia, Japan, and South Korea, as well as with partners such as India, the Philippines, Singapore, and Thailand. This interdependent relationship means that America is not so powerful that it can easily ignore the wishes of Asian states.

    In contrast, if China were in the dominant strategic position, its pre-eminence would be much harder to challenge or shift. Beijing would not need the same level of regional acquiescence. As a resident power, China would not need the "approval" of other Asian states to maintain its military footholds. As the largest Asian power, it would be easier to dominate regional institutions without an American presence -- yet one more reason why America is trusted to provide the public and security goods in Asian sea lanes while China is not.

    All this is why, instead of taking full advantage of America's terrorism obsession, Beijing has watched resentfully as the United States has built a hierarchical democratic order in which Asian states willingly aid in preserving American pre-eminence. In such an order, China remains a strategic loner in Asia, with Myanmar and North Korea as its only true friends.

    China is well aware of its relative vulnerabilities. Rather than lament the irretrievable loss of its better days, America should learn to better appreciate its relative strengths.

    John Lee is research fellow at the Centre for Independent Studies in Sydney and the Hudson Institute in Washington, D.C. He is author of Will China Fail?

    U.S.-China Talks: What to Look for (http://www.cfr.org/china/us-china-talks-look/p24923) By Elizabeth C. Economy | Council on Foreign Relations
    Security and U.S.-Sino Scientific Collaboration (http://blogs.cfr.org/asia/2011/05/02/security-and-us-sino-scientific-collaboration/) By Adam Segal | Council on Foreign Relations
    US, China vie for influence among Indonesian riches (http://atimes.com/atimes/Southeast_Asia/ME06Ae02.html) By Sara Schonhardt | Asia Times
    As China Invests, U.S. Could Lose (http://www.nytimes.com/2011/05/04/business/global/04yuan.html) By DAVID BARBOZA | New York Times
    China Invests Overseas (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3171&Itemid=422) Asia Sentinel
    Is the Asian century a dream or reality? (http://www.thejakartapost.com/news/2011/05/06/is-asian-century-a-dream-or-reality.html) By Haruhiko Kuroda | Jakarta Post
    A Future Scenario for Asia (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3177&Itemid=422) By Philip Bowring | Asia Sentinel
    Japan, After March 11
    The country, resilient as ever, remains Asia’s true power. (http://www.city-journal.org/2011/21_2_japan.html)
    By Guy Sorman | City Journal





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

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

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

    "How long did it take you?"

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



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  • mariner5555
    04-14 02:23 PM
    Hi

    I am moving to Atlanta (Meritta) soon. I got new job there.

    I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.

    Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?

    What is the trend of house price in atlanta area?

    Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.

    Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.

    Also please give links where I can see more info regarding atlanta housing, shcools transport etc.

    thanks
    I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
    do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious





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  • dartkid31
    05-24 01:58 PM
    That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.

    Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.

    I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.



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  • NKR
    08-05 08:38 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

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

    And start the GC process all over again?. well isn't there an easy option of converting to EB2?. :)





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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.





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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.





    transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...





    kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris



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