Tuesday, June 28, 2011

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  • pitha
    10-03 03:55 PM
    To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question

    Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.

    I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.


    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.




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  • sdrblr
    03-23 11:57 AM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.




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  • hate_me
    01-07 06:36 PM
    Dude between 90,000 to 98,0000 people have been killed in suicide bombing and executions in Iraq from 2003 to 2008, more than 99% of them were muslims, and those suicide bombing and executions where conducted by muslims, your heart didn't bleed for them, why because they were muslims killed by muslims, so you are ok with that, but if muslims are killed by non-muslims in self defence then you talk about innocent muslims being killed. Hamas is ruling party and should be held responsible for the innocent killed because of their actions, if hamas wants they can stop firing rockets at israel and stop the israel from killing innocent civilians, but they are not doing that. But i guess you will never understand that.

    http://www.iraqbodycount.org/database/


    Now the killing has gone mad. Apart from k

    illing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.




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  • Macaca
    05-27 05:56 PM
    U.S. Must Adapt to China's New Patterns of Growth ( | World Politics Review) By IAIN MILLS | World Politics Review

    The global financial crisis catapulted China into a position of international economic leadership a decade earlier than Beijing's strategists had intended. That significantly increased the urgency of rebalancing the Chinese economy away from the low-quality, export model toward higher-value, domestically driven growth.

    One consequence has been new and accelerated patterns of Chinese trade and investment abroad. For the United States, China's largest economic partner, the implications of this new multidirectionalism are significant. But with recent figures showing that bilateral investment between the two countries is contracting, the U.S. must adapt its approach to this issue to ensure it benefits from the forthcoming chapter in China's domestic growth story.

    American investment and consumption were the two key drivers of China's economy in its early reform years. By the time the global financial crisis struck, China had amassed $2 trillion of foreign exchange reserves, and it has added another trillion since. The U.S. economy benefitted from cheap, inflation-suppressing Chinese goods, while China's absorption of American debt was a key facilitator of the pre-2008 credit bubble.

    Beijing seemed content to watch the coffers swell, while largely ignoring the need to rebalance the Chinese economy and devise strategies for making use of its mounting foreign exchange reserves. But the post-crisis collapse of investment and demand from developed economies has forced China to mobilize newly acquired national wealth to maintain economic momentum.

    China's overseas investment strategy was originally aimed at securing key natural resources. Recently, there has been a growing focus on importing advanced technology and machinery, particularly in "strategic sectors" identified in the 12th Five-Year Plan. International expansion is being led by increasingly cash-rich state-owned enterprises and their affiliates, with sovereign wealth vehicles such as China Investment Corporation and China Development Bank also adopting more active investment strategies.

    But early indicators suggest the U.S. is missing out on the first wave of new Chinese overseas spending. As one recent report on the subject notes, "the main event in 2010 was a flood of [Chinese] money into the Western Hemisphere outside the U.S., led by Brazil but also featuring Canada, Argentina and Ecuador." Last year, China's total nonfinancial outbound direct investment (ODI) jumped 38 percent, to $60 billion, even as Chinese ODI to the U.S. contracted slightly, to just less than $6 billion. Inversely, April's foreign direct investment (FDI) into China was up by more than 15 percent on the year, but American FDI dropped 28 percent.

    For China, the benefits of reducing asymmetric interdependence with the U.S. economy are clear, but it is less apparent whether the U.S. can currently afford to miss out on the huge opportunities presented by China's continued domestic growth and rapidly increasing overseas spending. Therefore, while the yuan remains a critical issue in bilateral relations, reaching consensus on the scale and scope of bilateral nonfinancial investment is an equally significant emerging topic. And although a series of diplomatic disputes in 2010 may have been partly to blame for depressed Chinese investment, the institutional arrangements of U.S.-China relations have generally failed to keep pace with China's rapid economic ascent.

    Nowhere is this clearer than in bilateral investment agreements.

    China is keen to expand its investments in the U.S. agricultural, natural resource, advanced manufacturing and financial sectors. But political resistance in the U.S. is high, and sources in Beijing claim that Washington is giving mixed signals over how welcome Chinese investment is. Chinese officials are seeking a list of acceptable investment areas from Washington and seem frustrated by the complex institutional arrangements of the U.S. political economy. Meanwhile, American officials have expressed concern about the security implications of Chinese capital, and a general lack of transparency on the Chinese side continues to exacerbate these fears.

    Clearly, resolving these issues requires action from both sides. Washington must accept Chinese overseas investment as an economic reality going forward and design a strategy capable of deploying it in support of the national interest. The politicization of the yuan has damaged Washington's credibility in Beijing; avoiding a similar degeneration of legitimate debate on investment parameters must be a strategic priority. Washington should consider mechanisms for targeting Chinese capital in areas where it is needed most, such as urban real estate development and manufacturing. These need not amount to a centrally imposed directory, as produced annually by Beijing, but rather a semi-formal consensus that provides some kind of consistent framework for prospective Chinese investors.

    Washington could also learn from the European Union's approach, which tends to maintain a greater distinction between ideological and economic policy differences with Beijing. Although the EU has the luxury of leaving political criticism to national governments, Brussels has been more low-key and consistent in discussions with Beijing on potentially inflammatory economic issues such as the yuan and China's "market economy" status. As a result, financial and nonfinancial economic integration between the two has increased substantially since 2008.

    For its part, China must accept that poor standards of domestic corporate governance remain a major barrier to future economic development at home and abroad. The credibility of Chinese companies is undermined by opaque ownership structures and a general lack of transparency regarding strategic and commercial intentions. Notably, over the past five years, there has been a direct correlation between total Chinese investment in a given country and the volume of failed deals, regardless of the developmental level of the host nation. Moreover, foreign investment in China remains heavily regulated. Beijing must accept greater liberalization at home before it can push the issue too far with international partners.

    Clearly, China has the responsibility to improve its domestic culture of openness and accountability. Greater and more symmetrical engagement with experienced capitalist nations can hasten this process while providing much-needed capital injections to the latters' ailing economies.

    For the U.S., the central challenge is to formulate more consistent and strategically constructive responses to China's economic rise. That would entail initiating a paradigm shift in Washington -- one that focuses less on "the China threat" and more on how to benefit from new opportunities presented by China's rise.



    GOP sees red over China (http://www.politico.com/news/stories/0511/55559.html) By Alexander Burns | Politico
    America And China: Finding Cooperation, Avoiding Conflict? (http://blogs.forbes.com/dougbandow/2011/05/23/america-and-china-finding-cooperation-avoiding-conflict/) By Doug Bandow | Forbes
    Henry Kissinger on China. Or Not.
    Statesman Henry Kissinger takes a cautious view of Beijing's reaction to the Arab Spring, and U.S. relations with the world's rising power. (http://online.wsj.com/article/SB10001424052748703730804576321393783531506.html)
    By BRET STEPHENS | Wall Street Journal
    Kissinger and China (http://www.nybooks.com/articles/archives/2011/jun/09/kissinger-and-china/) By Jonathan D. Spence | The New York Review of Books
    Henry Kissinger’s On China (http://blogs.cfr.org/asia/2011/05/26/henry-kissinger%E2%80%99s-on-china/) By Elizabeth C. Economy | Council on Foreign Relations
    General Chen’s Assurance Not Entirely Reassuring (http://nationalinterest.org/blog/the-skeptics/general-chen%E2%80%99s-assurance-not-entirely-reassuring-5351) By Ted Galen Carpenter | The Skeptics
    Go to China, young scientist (http://www.washingtonpost.com/opinions/go-to-china-young-scientist/2011/05/19/AFCY227G_story.html) By Matthew Stremlau | The Washington Post
    No go
    The Western politician who understands China best tries to explain it—but doesn’t quite succeed (http://www.economist.com/node/18709581)
    The Economist
    Europe Frets Over Trade Deficits With China (http://www.nytimes.com/2011/05/21/business/economy/21charts.html) By FLOYD NORRIS | New York Times
    China’s Interest in Farmland Makes Brazil Uneasy (http://www.nytimes.com/2011/05/27/world/americas/27brazil.html) By ALEXEI BARRIONUEVO | The New York Times



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  • GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Communique

    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.




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  • pthoko
    07-12 12:09 AM
    No one??



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  • dontcareanymore
    08-05 02:53 PM
    I also resent the idea that all US Masters folks are just "rich kids".

    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.




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  • Macaca
    09-29 04:06 PM
    A Day in the Life: Restaurateurs Hit the Hill (http://rollcall.com/issues/53_34/news/20220-1.html) By Anna Palmer | ROLL CALL, September 27, 2007

    Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.

    On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.

    That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.

    Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.

    Members arrived by state associations and tended to concentrate on their state delegations.

    For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.

    Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.

    As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.

    Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.

    "The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.

    But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.

    "Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."

    Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.

    "More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.

    The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.

    "My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."

    After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.

    But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.

    The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.

    "For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.

    Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.

    He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.

    Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.

    "We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."

    With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.

    As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.

    After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.

    Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.

    Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."

    But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.

    "The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.



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  • somegchuh
    03-24 07:33 PM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.




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  • Refugee_New
    01-07 02:40 PM
    All Muslims are NOT terrorists, but all terrorists ARE muslims.

    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?



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  • pete
    04-09 11:33 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants". I think they ought to have some kind of licensing.
    Like Pharmacists, dostors, nurses, architects . They should have hurdles. There if there aren't any you see what happens.




    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.




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  • satishku_2000
    04-12 01:01 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.


    You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.

    I am strictly talking about greencard retrogession here.



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  • bondgoli007
    01-06 05:34 PM
    My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.

    Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
    :-) your argument or your feeble attempt at it is quite pathetic.

    No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.

    If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....

    I will concede one point to you...you do know the meaning of hate...and you know it well..

    Peace be with you...if it can.




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  • abcdgc
    12-27 01:08 AM
    Indian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.

    Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.



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  • javadeveloper
    08-03 08:58 PM
    Hi Unitednations,

    My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??

    Thanks in advance




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  • Macaca
    11-23 08:38 AM
    Tech trade groups combining for greater clout (http://www.mercurynews.com/search/ci_7538070?IADID=Search-www.mercurynews.com-www.mercurynews.com&nclick_check=1) TRADE ASSOCIATIONS PLANNING MERGER By Dibya Sarkar | Associated Press, 11/23/2007

    WASHINGTON - Relative newcomers to Capitol Hill lobbying, technology giants with sometimes differing agendas are figuring out what oil and pharmaceutical companies have known for years: There's strength in numbers.

    Microsoft, Cisco Systems and Yahoo, among others, hope a merger of two major tech trade groups will increase their lobbying clout inside the Beltway.

    The industry's presence in Washington has long suffered, critics say, from lacking a unified force voice to lobby on fundamental issues, such as taxes, patent reform, immigration and trade, that affect tech companies of all stripes.

    Combining the Information Technology Association of America and the Government Electronics and Information Technology Association will create a "powerhouse" organization with "much more of a consolidated voice in the industry," said GEIA president Dan Heinemeier.

    Representing more than 380 companies and combined membership revenues of $8 million, it's the latest sign that the tech industry, currently represented by more than a dozen associations here, is growing up.

    It also reflects a better understanding of the importance of lobbying by an industry that long believed the practice was an unnecessary part of their business strategy.

    Software giant Microsoft, which is an ITAA member, only established a Washington office about a dozen years ago, while Google, which doesn't belong to either group, set up a Capitol Hill shop in 2005.
    While GEIA recently registered to lobby, ITAA spent $120,000 lobbying in the first half of 2007, according to federal disclosure forms.

    Of course, that's small potatoes compared with the $10.7 million spent by the Pharmaceutical Research and Manufacturers of America and the $1.6 million spent by the American Petroleum Institute during the same period.

    The merger creates a platform where diverse companies can "speak with both a louder voice and also . . . with a somewhat clearer voice," said Jon Korin, Northrop Grumman's vice president for strategic development and an ITAA board member. Northrop also is a member of GEIA.

    While the groups have some overlapping members and agendas, GEIA, founded in 1952, focuses on technical standards work and government technology market analysis. ITAA, which began in 1961, is a major public policy player working on broader technology business issues.



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  • cinqsit
    04-13 03:04 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,
    cinqsit




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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?




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  • unitednations
    07-08 05:49 PM
    .

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


    In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

    Chennai and california service center are pretty much standard in what they look for and request.

    I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

    I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

    Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.




    unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.




    axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org



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