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  • learning01
    02-01 09:02 PM
    Please give me a link to what you refer, and I will write to Lou-foul mouth. Also, I request you to wirte and update status.
    It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:





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  • Macaca
    12-30 07:11 PM
    Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu

    One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?

    Around a single event

    The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.

    The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.

    The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.

    The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.

    The final concern

    The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.

    The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.

    The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).

    The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.

    The writer is a doctoral student working on law and politics in India





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  • desi3933
    08-05 02:07 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.





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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.



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  • ksr
    08-09 07:04 PM
    since u r the primary applicant choose option 1

    Thanks Priti.





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  • hiralal
    06-04 10:07 PM
    here is a good point about long term housing prospects. I for one am glad that GC delay saved me from buying a house.
    this is from an article
    ------------------------------------
    Why do I think housing is in the tank for the long term?

    First, I listen to people smarter than I am - a key to success from investing to recreation league baseball. When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach. They were winners the next season. Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson. They have been dead on about the mortgage meltdown - and see a larger one coming.

    Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue. Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.

    * Typically ten to fifteen percent of Americans sell or want to sell their home in a given year. Recent survey data shows the number is now 30%. Keep that in mind.
    * New home sales are incredibly low. Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight. New home starts are roughly half of that and there ain't no rebound. As the poet said, times, they be a changing.
    * People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures. Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.

    This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see. I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012. I may have been premature. With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory. Assuming demand picks up - a near heroic assumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.

    I have focused on supply - was I too cavalier about demand? Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.

    Using fourth grade math as our primary tool does have value in estimating demand. Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time. And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes. Most of this demand is gone for the foreseeable future. Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006. Even if the FHA does not go bust - which it will, requiring another Treasury bailout.



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  • rockstart
    07-15 08:01 AM
    There are two things you can do wait for the system to change to the way you want or else change yourself the way system wants. I am not saying what is right or wrong here it is just what I would have done.

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.





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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.



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  • django.stone
    06-26 07:13 PM
    as you can see in this chart, 1940 was the lowest point in house values, so obviously the number looks good, but in reality, house prices never increase until the recent crazy buying by financially clueless and greedy

    http://photos1.blogger.com/photoInclude/blogger/6089/1833/1600/shiller.gif





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  • apt7
    05-30 05:16 PM
    According to wikipedia the def of a consultant is..

    "The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

    Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.



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  • mariner5555
    03-26 02:07 PM
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
    -----------
    5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
    in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now





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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.



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  • Legal
    08-05 09:00 PM
    I enjoyed both the original and follow-up. By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    the Lion on the monkey visa finding out another Indian (very, very aggravating factor:p) lion in next cage actually on lion visa and not on a monkey visa!!!!!!!!!!!!!!!! phew! !!!!!!!!!!!! what a heartburn! threatening law suits, opening a new thread in IV. Generally threatening to bring down the zoo::D





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  • Marphad
    12-17 02:48 PM
    I never commented Muslims as terrorists and even don't believe so. If you read the title again, it clearly says "I hate converting terrorism to muslimism" - which few morons like Antulay are doing. They are actually indirectly trying to imply that.

    If I meant anywhere that I have problem with muslims, believe me it will be writing issue. Yes, I do have problems with people who are Indian citizens but support Pakistan and terrorism.


    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.



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  • purgan
    01-28 10:44 AM
    what has time to put 30-40 comments. Let the junkies who like him waste their money reading his crap...





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  • singhsa3
    08-05 04:42 PM
    Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)



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  • GotGC??
    04-07 08:48 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.



    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.





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  • abracadabra102
    01-04 12:02 PM
    oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.

    This whole thread is ridiculous and should be deleted. It has no place in immigration forums.

    First of all, try to keep the discussion civil. You can disagree with me. If you have something logical to say, say so. No need to make some wild assumptions about me and my family and call me stupid.

    If you don't like the thread, move on.

    If you apply the logic that one has to be a soldier to talk about war, none of us can talk about anything we do not do. (Do you have to be a politician to talk about politics and politicians?)

    War is a community effort and is supported by all citizens in different capacities. The guy making the gun is just as important as the guy carrying it. Sure, the later is most visible and faces most danger to his/her life, but that is the choice that person made.





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  • GCBatman
    01-06 04:53 PM
    Hey guys,
    If all the topics can be posted here and anyone can start any unrelated thread (No Offense to "Refugee_New" because there are others also who did the same in past and it looks like all the moderators are sleeping.)
    So I am thinking of posting unrelated issue.
    Here is the question?
    I have to buy the tires for my car (15")
    Which tires are best Michelin or Goodyear
    Please no reds and sincere answers only.
    Thanks,





    BharatPremi
    03-26 09:08 AM
    These banks, Mortgage companies and realtors - The whole nexus of sharks have made refinance almost impossible since last week.. Any body else noticed that? What happened is as soon as FED cut down the rate this nexus dramatically reduces the price 10 - 15%. If you go to zillow, you would find at least 10% reduction published for almost every home with comparison to 5 days before... Something is cooking up.. I do not know what it may be...At least for VA, MD, DC based homes I see this pattern. It looks like, lenders do not want to invite refinances.. and that is scary. Even most sites shows the list of properties with less value under " property sold last in 6 months" and make the properties disappeared which wer sold with reasonable price. I noticed this pattern for many bank alerts as well. So now the real picture you can get from is the county database only to fight these sharks. Are they trying to divert all to government loans (FHA?)... watch out.





    qasleuth
    03-24 02:55 PM
    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.

    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.



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